Question
For the following fact situations, locate Melia v. Dillon Companies, Inc. A summary of this case can be found at (http://law.justia.com/cases/kansas/court-of-appeals/1993/67-939.html ) The client in
For the following fact situations, locate Melia v. Dillon Companies, Inc. A summary of this case can be found at (http://law.justia.com/cases/kansas/court-of-appeals/1993/67-939.html ) The client in this case wants to sue for false imprisonment. For each of the following fact situations, determine if Melia v. Dillon Companies, Inc, is on point.
PART A
The client was shopping in a local grocery store. She thought she needed only a few items, so she didn't get a grocery cart. As she shopped, she realized she needed another item, and her hands being full, she put the extra item, nail polish, in her coat pocket. She left the store without paying for the nail polish. A store security person saw the client put the nail polish in her pocket and stopped the client as she left the store. The client explained that she intended to pay for the nail polish but forgot it was in her pocket. The security person informed the client that she was being held for shoplifting and called the police. The client was charged with shoplifting. At trial, she was found not guilty.
PART B
The client was shopping in a local grocery store. She thought she needed only a few items, so she didn't get a grocery cart. As she shopped, she realized she needed more items, and, her hands being full, she put the extra item, nail polish, in her coat pocket. Later she realized she didn't need the nail polish and put it back. A store security person saw the client put the nail polish in her pocket but did not see her put it back. As the client left the store, the security person stopped the client and took her to the manager's office, stating that the client was being held for shoplifting. After the client emptied her pockets, the store manager apologized and allowed her to leave.
PART C
The client is a member of a rock band. He has nose and ear rings, and one-half of his head is shaved. He always wears dark, baggy pants and a black trench coat. It seems that whenever he goes shopping, he is invariably followed by store security people. One day he went shopping at a clothes store and tried on several items in the dressing room. When he didn't find anything he liked, he left. As soon as he exited the store, he was stopped by two security guards. They took him to the security office and held him for 30 minutes before searching him. He was allowed to leave when the search revealed that he had no stolen merchandise.
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