Spahr was a city detective. He worked after hours as a security guard to check shoplifting in the Dillard Department Stores, Inc. He believed that he saw Margaret Stuckey put a scarf into her bag. He caused her to be arrested in the name of the Dillard Department Stores and testified that she had taken the scarf and put it in her bag. When the bag was searched, there was no scarf and Stuckey was acquitted. She then sued Dillard for damages. It raised the defense that Spahr had acted on his own initiative and therefore Dillard was not liable for this action. Was this defense valid? Please state your answers with supporting analysis.