Wal-Mart Stores, Inc. v. Mitchell Ex Rel. Blackburn
877 S.W.2d 616 · Court of Appeals of Kentucky · 1994
Facts
Kevin Blackburn, a fourteen-year-old, purchased arrows at a Wal-Mart store. After exiting, he was approached in the parking lot by assistant managers Rick Jackson and Al Landers, who suspected he had hidden another item. Blackburn claimed Jackson grabbed his arm, tried to put his hand in his pants, and forcibly took him to a training room. There, Jackson allegedly locked the door, interrogated and intimidated Blackburn for about thirty minutes, ordered him to pull down his pants, and tried to make him sign a confession. Jackson denied these actions, stating he politely asked Blackburn to return and the door remained open during a brief inquiry. Blackburn was released after he began to cry and feel sick. His mother, Janice Mitchell, later confronted Jackson, who apologized and admitted he thought Blackburn had stolen something. Blackburn subsequently underwent mental health counseling for four months due to the incident.
Procedural history
The case was initially heard in Floyd Circuit Court, where a jury returned a verdict in favor of Kevin Blackburn, awarding him $30,000.00 in compensatory damages for false imprisonment. Wal-Mart Stores, Inc. and Rick Jackson sought review of this judgment. This court is now reviewing the appeal of that judgment.
Issue
Was the detention of Kevin Blackburn by Wal-Mart employees lawful under Kentucky's shoplifting statute, KRS 433.236, which provides a limited defense to false imprisonment? Was the jury's award of $30,000.00 in compensatory damages for false imprisonment excessive?
Holding
The court affirmed the judgment, finding no error. It held that the detention was not lawful under the shoplifting statute because the employees' conduct constituted manhandling and browbeating. The court also found that the $30,000.00 compensatory damage award was not excessive.
Rule
To establish false imprisonment, a complainant must prove detention and that the detention was unlawful, defined as any deprivation of liberty against one's will by force, threats, or otherwise. Kentucky's shoplifting statute (KRS 433.236) allows merchants to detain suspected shoplifters with probable cause in a reasonable manner for a reasonable time for inquiry or recovery of goods. However, this statute does not authorize manhandling or browbeating. The lawfulness of a detention is a question of fact for the jury. Damages for false imprisonment are determined by the jury and will not be disturbed unless flagrantly large, evincing passion, partiality, or corruption, and include compensation for humiliation, indignity, disgrace, and physical suffering.
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