Gortarez v. Smitty's Super Valu, Inc.

A store clerk's mere "hunch" that 16-year-old Gortarez had taken an unpaid 59-cent vaporizer led store employees to chase down and stop Gortarez and his cousin Hernandez outside a Smitty's store; the security guard searched Hernandez without explanation, and when Gortarez objected, a struggle ensued and the guard placed Gortarez in a choke hold, maintaining it even after Gortarez said the vaporizer was still inside the store -- which a clerk soon confirmed, causing the young men's release, though Gortarez required medical treatment. The trial court directed a verdict for the store on false arrest/imprisonment and the jury found for the guard on assault and battery; the plaintiffs appealed, and the Arizona Supreme Court granted review.