Customer accused of shoplifting: False arrest, detention, Economic loss: Damage to reputation: Verdict: Punitive damages

Law Reporter, Sep 1999

Zamacona v. Price Co., Cal., Los Angeles County Super. Ct., No. PC 016215, Mar. 4,1999.

Zamacona purchased a power drill and separate battery at a membership discount store. As he was leasing the store, a security officer and several employees surrounded him and escorted him into a store office. A manager then accused Zamacona of stealing a second battery that had been placed inside the drill. He was detained in the store for about two hours until police arrived and arrested him for misdemeanor shoplifting. The arrest and detention lasted more than five hours.

Zamacona, a deputy sheriff, was relieved of duty immediately after his arrest and was confined to his home during weekday business hours during a five-month investigation by the sheriff's department. He was ultimately reinstated to duty without discipline.

Zamacona incurred lost wages ranging from $4,700 to about $21,200, taking into account lost overtime opportunities. He also suffered damage to his reputation as a law enforcement officer.

Zamacona sued the company that owned the store, the manager, and an employee who detained him, alleging (1) false arrest and detention, (2) oppression, and (3) malice. Suit alleged respondeat superior liability against the company for its employees' actions.

Plaintiff claimed that a friend who was shopping with him thought the second battery belonged in the drill andwithout plaintiff's knowledge-placed it inside. Plaintiff asserted store employees were aware of this but arrested him nonetheless.

The jury awarded plaintiff $3.25 million, including $1.75 million punitive damages. The verdict was to be paid entirely by the company. The company has filed an appeal. Plaintiffs Counsel:

Richard A. Love, Los Angeles, Cal. [Documents in this case are available through the Court Documents section in the back section of this issue, courtesy of Mr. Love.]