Wal-Mart Stores, Inc. v. Resendez
Supreme Court of Texas
962 S.W.2d 539 (1998)
A Wal-Mart security guard (Salinas) watched Resendez (plaintiff) eat peanuts from a store bag, hide the empty bag under a rose bush, and then check out without paying for it; he confronted her in the parking lot, and she agreed to wait roughly 15 minutes inside for police, who then arrested her, though her conviction was later overturned on an indictment defect. Resendez sued Wal-Mart (defendant) for malicious prosecution, false imprisonment, and IIED; a jury found for her, and Wal-Mart appealed after invoking the shopkeeper's privilege defense.
Whether the shopkeeper's privilege creates a legal justification for retailers to detain a shopper for a reasonable period of time if the employee believes the shopper has stolen or is attempting to steal store merchandise.