Name that Tort: Shoplifting Hypothetical

Jay is the manager of Delta Delights, a large store in New Orleans that sells souvenirs, specialty food items, and New Orleans jazz recordings. After noticing an increase in missing merchandise, Jay adopted a policy of stopping people at random as they were leaving the store and asking them whether they had taken certain items that were commonly pilfered that he hoped would deter shoplifters.

Regina, a tourist from Des Moines, lowa, was stopped and questioned in this manner and when she appeared to be flustered, Jay told her to go back to his office. When Regina hesitated, Jay placed his hand on her shoulder and turned her in that direction.

She then proceeded to the office without any further assistance from him. When they arrived there, he told her to sit down and wait until he returned with the police.

Instead of going for the police, Jay closed, but did not lock, the office door and stepped into an adjoining office where he watched Regina through a one-way mirror to see if she would try to hide anything she might be carrying on her person. She could not see the manager and after a few moments went to the mirror, fixed her makeup, unbuttoned her blouse, adjusted her bra, and returned to her chair.

When Jay saw that Regina was not trying to hide anything, he returned to the office, apologized for having detained her, and told her that he had decided not to call the police. As he escorted her to the door, he also told her that so many items were being stolen that a store couldn't be too careful.

Regina has asked you whether she has an action against Jay and Delta Delights.

Identify all potential tort claims Regina could raise against the store, as well as the store's defenses. Be prepared to support each claim and defense with the facts that might prove it.