Question
A security guard at a clothing outlet store sees a man stealing a bunch of polos from a table at the front of the store
A security guard at a clothing outlet store sees a man stealing a bunch of polos from a table at the front of the store near the doors. As he walks toward the man, the man sees the guard and runs out of the glass doors. He starts running down the sidewalk but is blocked by the heavy outlet mall pedestrian traffic. The security guard catches up to him and tackles him on the sidewalk and they roll into the street with the security guard landing on top of the man. The man drops all of the stolen merchandise and immediately starts screaming saying "my arm is broken!" The security guard scoops up the merchandise and drags the man by his non-injured arm back to the store and places him in a back room. He tells the man, "I have a gun and if you make any moves I will kill you." He then, locks the door, trapping the man in the room and calls the police. When the police arrive they interview the security guard, the man, as well as witnesses in the store and out on the sidewalk where the tumble occurred. The man is arrested by the police, but taken first to a local hospital to be treated for his injuries. It is determined by the doctors that the man has a broken arm, dislocated shoulder, and slight concussion. The man, 21 in age, admits to the police that he was stealing the shirts as part of his initiation into a local fraternity at his college as part of dare and he intended to give them right back. It is determined that it is his first criminal offense ever and the police process him and then release him on bail to his parents. Feeling intense shame and remorse for his actions, the man begins seeing a therapist over the next couple of months. The therapist determines that he has PTSD from his experiences that day, particularly being trapped in a room while injured and viewed as a criminal. He ends up dropping out of college.
What, if any intentional torts were committed and by who? If intentional torts were committed, are there any defenses?
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