Q: Can a loss prevention employee after placing a person in handcuffs slam them against a wall when they are 100% complying
A loss prevention employee of WinCo placed a person in handcuffs when the person was complying to their orders a loss prevention employee came behind them slamming them into a wall giving them a black eye. Claiming merchant law
A:
In Utah, loss prevention employees have certain authorities under the state's merchant law, such as detaining individuals suspected of shoplifting. However, this authority is not unlimited and must be exercised within the bounds of the law.
If a person is fully complying and poses no threat, a loss prevention employee using excessive force, such as slamming a compliant individual into a wall, can be considered beyond the scope of reasonable action. This could potentially be a case of assault or excessive use of force.
The individual who experienced this treatment has the right to file a police report and seek medical attention for their injuries. Documentation of the injury, such as a medical report and photographs, will be important.
It is also advisable to consult with a lawyer experienced in personal injury or civil rights. They can assess the situation and provide guidance on potential legal claims against the loss prevention employee or their employer.
Keep in mind that each situation is unique, and the specifics of the incident will play a significant role in determining the legal outcome. Legal counsel can help navigate these complexities and advocate for the individual's rights.
A: You could reach out to attorneys to try to arrange a free initial consult. I'm sorry for your ordeal. I hope you're okay. An attorney could investigate in further detail, including interviewing eyewitnesses and reviewing video footage. Good luck
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