Wednesday, March 04, 2009

Looking For a Lawyer to Sue Wal-mart #21: Assaulted by Wal-Mart Security

Lawyers in the Phoenix, Arizona Area,
please contact for details

My kids and I (8 y/o boy & 5 y/o girl) went to Walmart to grab some
stuff about 12:30 pm 6/21/08. I needed to get some weights and what not,
and I promised my kids a toy each for really helping me out this week.
Any way, we got the stuff we needed and they saw McDonald's. We decided
to grab some burgers. This was directly across the way from the
check-stand where I purchased my stuff. Pushed the cart up to McD's and
walked up to the register. Bought our stuff, ate lunch, and went to
leave. (Approx 1:30 PM)

I grabbed the cart and headed for the door. Walked through the little
security sensors (No, they did not go off) and was almost to the door.
A guy (50's-60's, gray hair, possibly glasses) asked for my receipt. I
told him "No thank you" and kept walking. I attempted to walk out the
door. He then tried to pull the cart out of my hands, and said you need
to come with me to the security office. I told him I would be doing no
such thing and asked him if I was free to go. He said no. I then asked
if he was detaining me. He said no. So I went to push the cart out of
the door. He grabbed the cart again. I asked him if he would physically
grab me. He said no.

I told him to get a manager. He yelled at another
gentleman (coincidentally, the gentleman in question was standing in
line directly in front of me at McDonald's. His total was $4.02. I
remember seeing it ring up on the register) This gentleman (not wearing
a name tag) was late 40's - early 50's. He went and banged on a door
right near the entrance that had a piece of paper taped on it saying
"Employees Only" or something to that effect.

I said to the first gentleman "Look, I've paid for every item in this
cart. It is my property. I'm getting my items and I'm leaving." At this
time time, a younger guy (Mid 20's, short cropped light brown or blond
hair, possible earring, 200-225 lbs, 5'10" or so, no nametag) came out
from the earlier mentioned door. At that point I reached in, picked up
my items (1 40lb dumbell set, 2 sunshades for a car, toy puppy, super
soaker, lifting gloves, and exercise mat) handed the kids their toys and
went to walk out the door. At that point the employee (I think, he
wasn't wearing any kind of name tag) that came out of the side door
grabbed me by the biceps and tried to restrain me. I asked him to get
his hands off me and please call the police.

At this point, I was surrounded by about 10 employees (Again, I'm not 100%
they were employees, since most had no WalMart badges on). My daughter (5)
started bawling. I again asked if I was free to go. I walked just outside the
entrance doors, and 4-5 employees circled me and prevented me from
leaving. "no name tag" (the younger) again put his hands on my arms and
prevented me from advancing. (I'm not clear if all were employees or
not. There were several males of varying ages and one female,
30's-hispanic or native american. All wearing street clothes.

"No nametag" (the younger) got out his cellphone and dialed 911. I was
about 6 inches from his face. He got the dispatcher and advised them
that he had an uncooperative customer and needed the police. I leaned in
and said something to the effect "Ask the dispatcher if it is legal for
you to physically detain me." I repeated this several times. He tells
the dispatcher that NO ONE ever touched me. At this point an Asst.
Manager (Mikki - 40's African American) walked up and asked what the
problem was. I told her what was happening. "No nametag" says "I never
touched him." I ignored him and asked the Mgr if there were video
cameras at the entrance. She said yes, so I told her that I wasn't going
to argue the point, we could just watch the video.

At this point another employee went up to my daughter and grabbed the
toy from her arms. This guy was probably mid 20's: crew cut style
haircut, dark brown, or black hair. Athletic build, a little over 6ft
tall. She was really crying by then. He said he was taking it to look up
the transaction. 10 minutes went by, me surrounded by employees. Nobody
really saying anything. I tried to take a picture of the guy who grabbed
my arms, but he kept turning around in circles so I couldn't get it. I
have one photo of the back of his head. The police still hadn't shown

The employee who took my daughter's toy then returned with a receipt
printout and handed it to Mikki. She looked at my stuff, said here's
your receipt. See you later. No apologies, nothing.