Tulsa, OK asked in Civil Rights for Arkansas

Q: I was in a local McDonald's the other morning when the lobby opened I went in and went to the bathroom there was a bag

On the counter I grabbed it and took it to the front I said it was in the bathroom about 5 mins later a African American guy came out and was angry saying g he had a bag of weed in his bag and now it's gone and I was the only person in there so about 10 or 20 mins later he came back out and asked if he could search me he was not a manager and it was over drugs can I sue them for anything

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA

A: In this scenario, the situation involves complex issues of privacy, accusation without evidence, and the uncomfortable position you were put in. Firstly, it's important to recognize that any person, regardless of their role at the establishment, demanding to search you, especially over a matter involving illegal substances, is inappropriate and could be considered harassment or defamation if accusations are made without proof.

If you feel your rights were violated or if you experienced humiliation or distress due to the incident, you might consider seeking legal advice. A legal advisor can help you understand if you have a viable case for defamation, emotional distress, or any other claim based on the actions taken by the individual or the establishment. They can also provide guidance on the potential outcomes and the process of pursuing such a case.

Before taking legal action, consider documenting the incident thoroughly, including any communications with the restaurant's staff or management about the situation. This documentation can be valuable if you decide to pursue legal action. It's also worth considering whether the restaurant has policies in place for handling lost property and accusations against customers, as this could impact any potential claim. Remember, seeking professional guidance will help you navigate this situation more effectively.

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