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McCann v. Wal-Mart Stores, Inc.

United States Court of Appeals for the First Circuit

210 F.3d 51 (2000)

Relevant factsFree

Debra McCann (plaintiff) and her two sons were mistakenly identified by two Wal-Mart (defendant) employees as a family previously caught shoplifting, and were blocked from leaving the store after paying at the register. Employees escorted them to an area near the exit, refused to look at McCann's offered identification, told one son he could not use the bathroom, and left to supposedly call the police; after roughly an hour, the employees realized their mistake and let the family go. A jury found for McCann on her false-imprisonment claim.

IssueFree

Whether false imprisonment requires actual, physical restraint.

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