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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.

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