Dillard Department Stores, Inc. v. Silva
Supreme Court of Texas
148 S.W.3d 370 (2004)
Relevant factsFree
A Dillard's (defendant) security guard handcuffed, publicly walked through the store, and detained Silva (plaintiff) over three shirts found without a receipt, refusing Silva's request to accompany him to his car to look for the receipt and instead placing a knee in his back while swapping handcuffs with police; Silva was acquitted criminally and won a jury verdict for false imprisonment including punitive damages based on a malice finding, which the court of appeals affirmed.
IssueFree
Whether a shopkeeper may detain a suspected shoplifter to investigate only in a reasonable manner and for a reasonable length of time without liability for false imprisonment.