malicious prosecution intentional tort or vexious litigation?

M

mharwood555

Guest
Jurisdiction
Ohio
Hello recently I returned 6 clothing items at Kohls. I entered the store carrying a bag full of clothes went straight to the customer service desk received a merchandise credit and left. I never shopped for a second or even looked at any of the merchandise they had in there store. When I got home I called to check the balance on the gift card and it was zero. Assuming there had to have been some employee error I called the store to find out why the balance was zero I was then transferred to there loss prevention guy who said " I know what you did and just so you know there is a warrant for your arrest". And sure enough he had filed a complaint with the police department in the complaint it reads " I entered the store then selected 6 clothing items and took them directly to customer service for a fraudulent return". This is crazy to me because I entered the store carrying a large bag of clothes I mean it could not have been missed by video cameras I didn't do any shopping at all I never left the main walkway path on my way to the customer service desk so how I supposedly selected 6 clothing items without going anywhere near the clothes is a mystery to me. So this loss prevention officer is obviously lying. I'm not sure if he viewed the tapes (which I have to assume he did) and made false claims maliciously or if he didn't view the camera and honestly believes this which is almost impossible because you know that if you make a complaint against someone for theft that your going to need the video camera footage as evidence. I am wondering If I have a good lawsuit here and if I should file against both Kohls and the loss prevention officer. any comments on this case will be greatly appreciated.....
 
An inaccuracy in a written report is not a lie. The officer taking the report could easily have misunderstood. A discrepancy like that would easily be sorted out later and is not at all significant at this point.
Do you have any receipts or a credit statement showing your original purchase? If so it will make quick work of any accusation. If not, and the store believes you made a fraudulent return (regardless if whether you got the items during that particular trip) there is nothing wrong at all if they choose to report a theft/fraud.
If you have proof of purchase you can fix this rather easily.
If not, don't talk about this to anyone other than an attorney, and certainly not with police if you are ever contacted. Until then, forget about it. Just because a police report was made does not mean any further action will take place.
I'm surprised you obtained a copy of any router at all. That causes me to suspect this is a dead issue.
And no, you do not have anything sufficient for a legitimate complaint against the store or the employees. If you feel you are owed something for the returned items your proof of purchase will resolve it.
 
I do not have the receipt, My girlfriend had received as a gift. And I have officially been charged with theft from the police department my arraignment is the 21st. I read the complaint he filed on the municipal courts website. I'm saying in his complaint it states that I walked into the store then selected the items and took them directly to their customer service desk. What I'm saying is that I walked in the store carrying a bag full of clothes (the items I returned) I never selected touched or looked at any merchandise the whole time I was there I walked in carrying the clothes went straight to customer service obtained the merchandise credit and immediately left. don't you think that before this loss prevention officer would go to the police department and make this complaint against me that he would have reviewed the video tapes and seen that I did not steal anything from his store? but since he made the false report anyway I believe I have a lawsuit here.....
 
Sorry, you really have nothing to work with.

Again, what is written in a report is not all that important. It is testimony in court that matters, and that hasn't happened.

If a prosecutor decided to file charges against you then there is likely more to this story. The prosecutor believes enough evidence exists to convict you.

At the arraignment plead not guilty and seek legal counsel. Forget about suing anybody. You have nothing to work with and thinking of that will distract you from what is more important right now- defending yourself.
 
mharwood555 said:
but since he made the false report anyway I believe I have a lawsuit here.....
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It's your word against his and until you get acquitted you have nothing to sue for. Even then it's iffy.

I'll second MM's advice. Plead not guilty, keep your mouth shut, watch this video, and hire a lawyer.

 
mharwood555 said:
I do not have the receipt, My girlfriend had received as a gift. And I have officially been charged with theft from the police department my arraignment is the 21st. I read the complaint he filed on the municipal courts website. I'm saying in his complaint it states that I walked into the store then selected the items and took them directly to their customer service desk. What I'm saying is that I walked in the store carrying a bag full of clothes (the items I returned) I never selected touched or looked at any merchandise the whole time I was there I walked in carrying the clothes went straight to customer service obtained the merchandise credit and immediately left. don't you think that before this loss prevention officer would go to the police department and make this complaint against me that he would have reviewed the video tapes and seen that I did not steal anything from his store? but since he made the false report anyway I believe I have a lawsuit here.....
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Being accused of a crime when there was no crime committed is Defamation. At this point, you need to prove your innocence via the video documentation (that I'm sure exists) that shows you entering the store and going to get your returns processed. You may need help in getting the video footage, so you should seek out such help from an Attorney contacted to defend you in this matter.

Once you prove your innocence, you may have reason to litigate against those whose lies caused your malicious prosecution and other damages concerning Defamation. Good luck.
 
C-Note said:
Being accused of a crime when there was no crime committed is Defamation. At this point, you need to prove your innocence via the video documentation (that I'm sure exists) that shows you entering the store and going to get your returns processed. You may need help in getting the video footage, so you should seek out such help from an Attorney contacted to defend you in this matter.

Once you prove your innocence, you may have reason to litigate against those whose lies caused your malicious prosecution and other damages concerning Defamation. Good luck.
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Sorry, it simply doesn't work that way.
There may not be video, and even if there was it would not be proof that fraud did not occur.
It appears likely that the items in question may not have been purchased at the store where they were returned, or some similar form of fraud.

The district attorney apparently found sufficient evidence to file charges. This is common and not remotely close to malicious prosecution or defamation.

There is no action to take but to defend against the allegations made. A sales receipt, even if from a friend who made the purchase, would likely resolve the matter.
 
All retailers have a merchandise return and/or refund policy.

Here's Kohls policy in WRITING from their corporate website:
...
...
Kohls.com Order Return Options
...
...
2 + 2 ALWAYS, WITHOUT EXCEPTION = 4
...
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Hassle-Free Returns
...
...
This is how Kohls and other retailers catch thieves, who really aren't all that clever.
...
...

DO YOU HAVE YOUR RECEIPT?
With an original receipt, you'll get a refund or even exchange. If you paid with a check, you may get a Merchandise Credit, cash or a corporate refund. With a gift receipt, you'll get an even exchange or a Merchandise Credit.

NO RECEIPT? NO PROBLEM!
If you paid with a Kohl's Charge, any other major credit card or added to your
Rewards account to the transaction, we can look up your purchase and give you a refund.

Otherwise, you'll get an even exchange or Merchandise Credit based on the lowest 13 week sale price.



ID, PLEASE.
We may ask for a valid ID, so please have one handy, just in case!
 
mightymoose said:
Sorry, it simply doesn't work that way.
There may not be video, and even if there was it would not be proof that fraud did not occur.
It appears likely that the items in question may not have been purchased at the store where they were returned, or some similar form of fraud.

The district attorney apparently found sufficient evidence to file charges. This is common and not remotely close to malicious prosecution or defamation.

There is no action to take but to defend against the allegations made. A sales receipt, even if from a friend who made the purchase, would likely resolve the matter.
Click to expand...
 
Yes but I was not charged with fraud I was charged with theft and without a doubt no theft occurred at that store on the date in question. And I notice how you keep referring to the prosecutor obviously having evidence to file the charges but he is simply going off what the lost prevention officer stated in his complaint which is obviously false. The way it works over here in the suburbs of Cleveland is the lost prevention officer went up to the police station and filled out an official complaint to the deputy clerk at the police station (which I was able to view via there website) in the complaint he states that I entered the store then selected the 6 items then took them directly to customer service for a fraudulent return. Based off of this information I was charged with theft. So the prosecutor hasn't even viewed the evidence as of yet. Once I go to arraignment and plead not guilty I will get a public defender and once that happens I am going to have him file a motion for discovery and bill of particulars and also ask for any video surveillance from that date and time to be saved and turned over as evidence. I'm sure at this point once the prosecutor views this evidence the charges will be dropped. I am aware that I have no civil case until this criminal case is discharged favorably to me (which it should). But Ive read all the points I must prove in order to be successful in a civil malicious prosecution case and believe that I have a case. C note you mentioned possibly suing for defamation doesn't that require that my name be drug thru the mud publicly? Like if I were arrested at the door leaving and there was a crowd watching or something? But that didn't happen here so I'm not sure on the defamation unless just going to court for the theft alone is enough since that is all public information not sure... If you know more please reply. I do thank you and the mouse for your input. Thanks!
army judge said:
All retailers have a merchandise return and/or refund policy.

Here's Kohls policy in WRITING from their corporate website:
...
...
Kohls.com Order Return Options
...
...
2 + 2 ALWAYS, WITHOUT EXCEPTION = 4
...
...
Hassle-Free Returns
...
...
This is how Kohls and other retailers catch thieves, who really aren't all that clever.
...
...

DO YOU HAVE YOUR RECEIPT?
With an original receipt, you'll get a refund or even exchange. If you paid with a check, you may get a Merchandise Credit, cash or a corporate refund. With a gift receipt, you'll get an even exchange or a Merchandise Credit.

NO RECEIPT? NO PROBLEM!
If you paid with a Kohl's Charge, any other major credit card or added to your
Rewards account to the transaction, we can look up your purchase and give you a refund.

Otherwise, you'll get an even exchange or Merchandise Credit based on the lowest 13 week sale price.



ID, PLEASE.
We may ask for a valid ID, so please have one handy, just in case!
Click to expand...
 
Doesn't defamation mean when my name is drug thru the mud publicly? I could see this point if I was falsely arrested at the door and there was a crowd of people around but that wasn't the scase here/ Do you know if just going thru the criminal case alone because it is all public information is enough for defamation? I value your input. Thanks
 
mharwood555 said:
I'm sorry did I miss something ? why is Kohls return policy relevant here?
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My suspicion is that your name and possibly ID is on file with Kohls, perhaps because someone posing as you has made frequent refunds "sans receipt"???

As far as any potential civil claim regarding this incident being available to you, true.
Any adult is free to file a civil lawsuit for any alleged transgression or aggravation.

Just as the filing of any criminal charge against a person cloaks the accused in the presumption of innocence, such as the plight that now has befallen you.

Most retailers capture exchanges on video, especially if refunds are given as a courtesy to customers who might not be able to present proper ID.

Something about your latest transaction alerted Kohls loss prevention to you.
What?
That, you'll have to learn as discovery progresses.

I suggest you not take the filing of any criminal charge as entirely without merit.
I know a few innocent people that did so, and are now languishing in a state penal colony on felony related convictions.

You had best prepare for the fight of your life.
The best advice anyone can give you, you're violating.
The advice is: don't comment, don't explain, don't answer any questions, as you have the constitutional RIGHT to remain mute, as in silent.
I suggest you do so from this point forward, and discuss the case only with your lawyer.
 

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