Question
What are the key facts in the facts in the facts section when it pertains the manner of the detention of such plaintiff was detained
What are the key facts in the facts in the "facts" section when it pertains the manner of the detention of such plaintiff was detained was under all the circumstances reasonable?
Rule: O.C.G.A. 51-7-60 (2010) That the manner of the detention of such plaintiff was detained was under all the circumstances reasonable.
Facts:
Our client, Peach Tree Quick Mart ("Peach Tree"), is owned by Vijay and Melinda Advani-Atkerson. They have 5 small convenience stores in the Atlanta area. This issue arose in their store in Grove Park. The Grove Park store is managed by Maria Garcia and staffed by a long-term employee, Adam Johnson, and a relatively new hire, Wanda Lee. The store is 2 blocks from a local high school and is a popular place with the students and staff from that school. The store has had a few problems this summer with kids shoplifting (often in the afternoons when the summer school program has let out for the day). Maria has told Adam and Wanda to be extra vigilant as they have not yet caught the offender(s). On July 31, around 3 p.m., two teens, Andrea Ortiz (age 16) and Ryan Hernandez (age 15), entered the store. The teens entered together and spent a long time standing in front of the candy shelf, repeatedly choosing one candy bar, then putting it back and choosing another. At the beginning of the teens' visit, Wanda was helping another customer, but she kept her eye on the pair. She could hear that they were talking, but they were speaking in Spanish and she did not understand what they were saying. The teens meandered to the section with the granola bars and snacks and continued talking and touching the merchandise, alternately choosing and returning various products. They continued speaking in Spanish and laughing loudly. Wanda thought that they often looked at herperhaps to see if she was watching. Wanda tried to keep track to make sure that all items were either returned to the shelf or were held in plain sight, but they exchanged so many items that it was hard to keep track. She pretended to be cleaning so 5 that she could get closer and observe the teens. At approximately 3:15 p.m. another customer, an older woman, entered the store. The students saw her and recognized her as Ms. Roberts, a librarian at the nearby high school. She nodded and smiled at them. Ms. Roberts went directly to the beverage cooler to select a drink. When Ryan and Andrea proceeded to the cash register, Wanda returned to check them out. At checkout, Andrea retreated toward the door while Ryan placed one candy bar and two drinks on the counter. Ryan paid for the three items and quickly turned to go out the door. As the two started to leave, Wanda thought that she saw a candy wrapper sticking out of his backpack. She rushed after them. Just as they reached the door, Wanda jumped in front of the pair, blocking their exit. She yelled "STOP! You stole some candy!" The two students denied it, but Wanda said sternly and loudly to Ryan, "You have items in your bag that you haven't paid for and that's stealing! You kids have been ripping off this store for months now and my bosses are tired of it!" Wanda grabbed Ryan by the arm and commanded that he come with her. She led him past the other customers to the back of the store and down a hallway. As she led him, Wanda said sternly, "Just because I can't understand the gibberish you're speaking doesn't mean I don't know a thief when I see one!!" Wanda, who was still holding Ryan by the arm, pulled him into the store manager's small office, kicked out the only chair in the office, and told him to sit down. She told Ryan that she needed to call her manager to investigate. Wanda texted both Adam and Maria and asked them how to proceed. She was worried about the store and needed to go out front to check on the other customers. She bent down and shook her forefinger inches from Ryan's face and said loudly, "You better stay right there 'till I get back. I know how you kids are - you never listen! But you better listen this time!" When she went back through the hallway to the store, the older woman, Ms. Roberts, brought up a granola bar and paid. She hesitated at the door where Andrea was still waiting, but Wanda firmly said to her, "I'm afraid I need you to leave right now!" and she did. About 15 minutes after the text from Wanda, Adam, who lived down the street, entered 6 the store. Wanda filled him in on what had happened and they both went back to the office. Outside the office, where Ryan could still hear them, Adam said "You might have found the thief!" Wanda answered, "I was watching them as soon as they came in. You can't trust them." They entered the crowded office, stood just a foot from Ryan's chair, and looked down at their suspect. Adam commanded Ryan to empty his backpack onto the desk. The contents included a physics book, spiral notebook, pencil pouch, Apple X phone, and an Apple computer. Wanda said "Those are some pretty fancy electronics for a kid like you!" Adam rifled through the pockets of the backpack, and pulled out a new pack of Juicy Fruit gum, a Hershey candy bar still in its wrapper, $7.65 in bills and change, and an apple. Wanda pointed at the gum and candy and said, "There! Didn't he steal those? He never paid for those." Adam said "Nah, you're new so you wouldn't know all our inventory, but we don't sell Juicy Fruit or Hershey - never have." Wanda turned to Ryan and said, "Whoops! Sorry! Guess you can pack up and go." She slapped him on the back and laughed, saying, "No harm, no foul!" Ryan stuffed his belongings back in his back pack, his face flushed and red, and scurried out. Adam helped Wanda write up a report and they submitted the report to management, as store policy requires. About a week after the event, attorney Jaylen Heyer contacted me. He told me that he represents Ryan Hernandez and that his client is strongly considering filing a false imprisonment claim against Peach Tree. He suggested that I speak with my client and he will follow up with me in late September to see if I wish to talk about settlement or if he should file a claim in state court.
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