Excessive Force Shoplifting Detainment

W

wobrien73

New Member
Jurisdiction
New Jersey
I had left a big chain grocery store without paying for an item. I was confronted from behind in the parking lot by a plain clothes security agent who did not identify himself. I refused to turn around. I heard the agent approaching me when I attempted to run, but tripped and fell as I was wearing sandals. The agent pounced on my from behind when I attempted to get to my feet he threw me on the pavement shattering the rotator cup and the upper humeral ball joint of my shoulder. He then aggravated the severity of the injury by holding me face down on the ground with his knee in my back and my separated/broken shoulder behind my back. I remained in that position screaming for mercy for about five minutes only to be rebuked by derisive taunts until the police came. I was obviously taken by ambulance to the ER. I am scheduled for serious reconstructive surgery next week. As of now my broken and dislocated shoulder is in a sling attached to the trunk of my body as it cannot be set because there is nothing set. It is all smashed. A lawyer has accepted my case. Any thoughts?
 
I am a Retail theft consultant and answer questions like yours daily. Many stores have policy on what force (if any) can be used to make a stop. You can certainly talk to a Lawyer but it wont remove the theft charge. Much depend son circumstances of the stop and witness statements if any. Your version may be different than the Security person and others who saw. You are best served talking to a lawyer
 
Let me dissect this some.

I had left a big chain grocery store without paying for an item. (Admission of guilt and knowledge of the fact) I was confronted from behind in the parking lot by a plain clothes security agent who did not identify himself. I refused to turn around. I heard the agent approaching me when I attempted to run,(If you are not sure who this is why are you running?) but tripped and fell as I was wearing sandals. The agent pounced on my from behind when I attempted to get to my feet he threw me on the pavement shattering the rotator cup and the upper humeral ball joint of my shoulder. He then aggravated the severity of the injury by holding me face down on the ground with his knee in my back and my separated/broken shoulder behind my back.(It appears he was restraining you not pummeling you) I remained in that position screaming for mercy for about five minutes only to be rebuked by derisive taunts until the police came. I was obviously taken by ambulance to the ER. I am scheduled for serious reconstructive surgery next week. As of now my broken and dislocated shoulder is in a sling attached to the trunk of my body as it cannot be set because there is nothing set. It is all smashed. A lawyer has accepted my case. Any thoughts?
 
wobrien73 said:
. A lawyer has accepted my case. Any thoughts?
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You have the RIGHT to remain SILENT.

Do yourself a BIG service, use your RIGHT to remain silent.

You also have discovered another RIGHT, the RIGHT to counsel.

Hopefully you've plead NOT guilty to the criminal charge, and are ONLY discussing that matter with your defense attorney.

You should ONLY discuss your civil case with your personal injury attorney.


If you can resist the temptation to scurry all over social media and other places asking about it, that's a mother lode for you, mate.

Heck, I got a client $400,000 for a similar case, and that was AFTER I took my cut.
 
wobrien73 said:
I heard the agent approaching me when I attempted to run, but tripped and fell as I was wearing sandals.
Click to expand...

That, along with the fact that you're posting on a public forum about your criminal activity, tells me a fair amount about you.

wobrien73 said:
A lawyer has accepted my case.
Click to expand...

And yet you're seeking thoughts from anonymous strangers on the internet.

Not really sure what you expect anyone here to say.
 
Agree, had you not been stealing and attempting to flee you would not have been injured.

This is not a matter of excessive force, at least not as you've described it, however the store or employee could potentially have civil liability for the injury. Your attorney can sort out the details. The goal likely is to reach a settlement without ever going to court. The attorney will get more money for the effort than you will.

You will have to prove the injury occurred as a result of the employee's action and not as a result of your fleeing, tripping, and falling.
 
Here is some of your problems. You slipped so we dont know if that how you got injured you cannot prove otherwise. Next you tried to get up and flee again and store employee threw back down to ground. had you not tried to flee again there is no action. 3rd since you were resisting the employee felt it called to hold you in place. all these work against you. I once arrested a shoplifter who tried to run I grabbed him threw him to Mall floor and held him down until back up arrived. I was praised for my actions as they did not included hitting, kicking etc I was merely trying to restrain the person. You should have an honest discussion with your Attorney before you decide wha tto do as stated above only one making money will be your Attorney
 

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