II. Case Analysis to Answer Legal Questions

Read the scenarios below and answer the questions. While you are not required to present your answers in the IRAC format, you must provide analysis/explanation to support your conclusions.

A. Scenario: MarlaJennings was shopping at Super Stores. Store security believed that she had slipped some cosmetics into her small purse before leaving. After Ms. Jennings walked out the front door, the security guard walked outside and yelled, "Get back here!" Ms. Jennings followed him into the store and allowed him to search her small purse. No stolen cosmetics were found. The search took about one minute, and Ms. Jennings left the store within around three minutes. Ms. Jennings wants to sue Super Stores for false imprisonment.

Analyze and explain whether the scenario is "false imprisonment' based upon Lester v. Albers Super Markets, Inc.

B. Scenario:Joe Johns was another shopper at Super Stores. Mr. Johns is 5'2" tall and weighs 115 pounds. The store security guard is 6'6" and weighs 285 pounds. The security guard believed he had put canned goods in his coat pockets. The security guard came up very close behind Mr. Johns, pushed him forward, and said "Get into the security office. NOW!" Mr. Johns realized he was in a narrow aisle and the only way he could go was into the security office. The security guard said, "Stay here!", walked out, closed the door, and stood blocking the door as he talked on his cell phone. Mr. Johns could see him blocking the door through a window next to the door. After 35 minutes, the security guard came back in and pulled two small cans of paint from Mr. Johns' pockets. Super Stores does not sell paint. Mr. Johns wants to sue Super Stores for false imprisonment.

Analyze and explain whether the scenario is "false imprisonment' based upon Lester v. Albers Super Markets, Inc.