Assault & Battery walmart loss prevention punched my son.

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DebbieW

New Member
Yesterday my 33 year old son went to Walmart to cash his check and pick up a prescription. While his prescription was being filled he was looking at the after shaves etc.... He was thinking of buying a bottle of Bod. The bottle had a spout on it. Not really thinking he hooked the bottle onto his pant pocket. He walked around for a few minutes and decided he didn't really need to spend the money on it and put it back on the shelf. He went and picked up his medicine from the pharmacy. As he was leaving the store he was walking with his head down looking at his cell phone. The next thing he knew a man jumped in front of him and screamed STOP you M, F*****R and punched him straight in the chest, and 2 other men grabbed his shirt from either side. It scared him so much he thought he was being attacked. My son jumped back and said: What the heck is going on? The man who punched him said: What you think I'm stupid M F*****R I'm loss prevention and you need to empty your pockets. Then the guy tried to put his hands in my son's pocket. My son swatted his hand away and once again asked what is going on? The guy said you know whats going on you G** Damn M Fer we saw you put that after shave in your pocket. My son backed up and said wait a minute I didn't put anything in my pocket. He quickly turned all his pockets inside out so they could see there was nothing. After the guy called him other choice names the guy said well we are watching you M*** F***er. My son was so upset the only thing he thought about was getting out of there. When he came home he told us what happened we called the store to get the name of the loss prevention. Then we called the police. We explained what happened to the police and they said they would have an officer call us. Twenty minutes later a female officer (officer Brown) did call. She did not even ask my son for his side. She just started in that she called Walmart and they said they had video of him stealing and video of him being stopped. Which makes Walmart within there rights to do what they did. I could hear her talking to my son. So I said to him: I don't understand how him punching you son was legal. My son said good so I have proof how they hit me. He asked if he could see the video? She said probably not. That Walmart deals with people stealing all the time and they know how to handle things. My son tried to explain to her again his side and she would not listen. So I said to him I don't understand why they don't have to show you the video. Next thing we know the officer is yelling in the phone that she doesn't know who she hears in the background but that they need to shut there mouths and that she has just about had enough. My son and I both looked at each other and our mouths dropped. My son said to the officer: That"s my mom, and why are you getting so nasty? She calmed down then said: Well you don"t sound like a shady character but Walmart deals with all kinds of bad people. And they were well with in there rights.My son asked again: So there is nothing I can do about him punching me? She said no, the only thing you can do ask a Manager for an apology. I understand there are a lot of shady people out there. I understand that they don"t know that my son is the type of person who would NOT steal. He understands that he should not have hooked the bottle on his pocket. We understand how it could have very well looked suspicious. We understand why they stopped him and have no problem with him being stopped. We do have a problem with being physically punched in the chest.You can actually kill someone if you hit them in the right spot on the chest. The last I looked we lived in the United States of America and it was not Legal for someone to walk up and punch you. So please tell me is it legal for Loss Prevention to punch people? All we would like at this point is an apology and for that guy to know you cannot just go around punching people.
 
DebbieW said:
Yesterday my 33 year old son went to Walmart to cash his check and pick up a prescription. While his prescription was being filled he was looking at the after shaves etc.... He was thinking of buying a bottle of Bod. The bottle had a spout on it. Not really thinking he hooked the bottle onto his pant pocket. He walked around for a few minutes and decided he didn't really need to spend the money on it and put it back on the shelf. He went and picked up his medicine from the pharmacy. As he was leaving the store he was walking with his head down looking at his cell phone. The next thing he knew a man jumped in front of him and screamed STOP you M, F*****R and punched him straight in the chest, and 2 other men grabbed his shirt from either side. It scared him so much he thought he was being attacked. My son jumped back and said: What the heck is going on? The man who punched him said: What you think I'm stupid M F*****R I'm loss prevention and you need to empty your pockets. Then the guy tried to put his hands in my son's pocket. My son swatted his hand away and once again asked what is going on? The guy said you know whats going on you G** Damn M Fer we saw you put that after shave in your pocket. My son backed up and said wait a minute I didn't put anything in my pocket. He quickly turned all his pockets inside out so they could see there was nothing. After the guy called him other choice names the guy said well we are watching you M*** F***er. My son was so upset the only thing he thought about was getting out of there. When he came home he told us what happened we called the store to get the name of the loss prevention. Then we called the police. We explained what happened to the police and they said they would have an officer call us. Twenty minutes later a female officer (officer Brown) did call. She did not even ask my son for his side. She just started in that she called Walmart and they said they had video of him stealing and video of him being stopped. Which makes Walmart within there rights to do what they did. I could hear her talking to my son. So I said to him: I don't understand how him punching you son was legal. My son said good so I have proof how they hit me. He asked if he could see the video? She said probably not. That Walmart deals with people stealing all the time and they know how to handle things. My son tried to explain to her again his side and she would not listen. So I said to him I don't understand why they don't have to show you the video. Next thing we know the officer is yelling in the phone that she doesn't know who she hears in the background but that they need to shut there mouths and that she has just about had enough. My son and I both looked at each other and our mouths dropped. My son said to the officer: That"s my mom, and why are you getting so nasty? She calmed down then said: Well you don"t sound like a shady character but Walmart deals with all kinds of bad people. And they were well with in there rights.My son asked again: So there is nothing I can do about him punching me? She said no, the only thing you can do ask a Manager for an apology. I understand there are a lot of shady people out there. I understand that they don"t know that my son is the type of person who would NOT steal. He understands that he should not have hooked the bottle on his pocket. We understand how it could have very well looked suspicious. We understand why they stopped him and have no problem with him being stopped. We do have a problem with being physically punched in the chest.You can actually kill someone if you hit them in the right spot on the chest. The last I looked we lived in the United States of America and it was not Legal for someone to walk up and punch you. So please tell me is it legal for Loss Prevention to punch people? All we would like at this point is an apology and for that guy to know you cannot just go around punching people.
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An old African proverb goes something like this:

Until the lion is able to tell his or her own story, the hunter will always tell the story to make him or her appear brave.

Bottom line, there are two sides to every story.

Your son could potentially use the video if he were to sue Walmart.

Walmart would likely have six or eight live witnesses to recount events most favorable to the store.

Your son can speak with three or four local attorneys about this mess.

The initial consultations are often provided at no cost to prospective clients.

You're right, this is the good, old USA.

That means, Sonny can HIRE an attorney for about $5,000, maybe $10,000 and endeavor to teach those BULLIES a lesson.
 
Why do people have to be such jerks? My son is and does take care of his own problems. He did not ask me to do this. For someone who does not know me or my son from anywhere it sure is bothering you that I was asking for some advise. For someone who is telling me I should let my 33 year old son to take care of his own. You have NO problem telling this 53 year old mother what to do snd you dont know me from adam. You ever heard of: If you have nothing nice to say, keep your mouth shut?
 
army judge said:
An old African proverb goes something like this:

Until the lion is able to tell his or her own story, the hunter will always tell the story to make him or her appear brave.

Bottom line, there are two sides to every story.

Your son could potentially use the video if he were to sue Walmart.

Walmart would likely have six or eight live witnesses to recount events most favorable to the store.

Your son can speak with three or four local attorneys about this mess.

The initial consultations are often provided at no cost to prospective clients.

You're right, this is the good, old USA.

That means, Sonny can HIRE an attorney for about $5,000, maybe $10,000 and endeavor to teach those BULLIES a lesson.
Click to expand...
Thank you for your quick response. We are not looking to sue anyone. I guess I was just trying to get it straight in my mind that it truly is not okay for this person to just go around punching people in the chest. A apology from Walmart would be great but we all know that will never happen. My son will and is surviving and has already moved on. As a mother and grandmother I dont want to see someone get hurt from this bully. Once again thank you.
 
I am a Retail theft consultant and answer questions like yours daily. The store AP (Asset Protection) violated their own policy if this stop is even close to how you describe. Law suits can take a lot of time and money with no promise of your winning. However you could discuss issue wit corporate office and would likely gain a Gift Card for the wrongful stop. That should be the path your son takes along with an apology from store.
 
Thank you for your comments. The post I wrote happened as I described. There was a lady in the store who approached my son and gave him her name and number. She saw the whole thing go down. To the people who are commenting that I need to let my son take care of this, or that only my son can Legally do something. I did not write this post to see if it was legal to sue walmart. My son or myself have no intention to sue them. I am well aware that my grown son would have to be the person to take care of things. I was in shock when we were told by a police officer that the loss prevention person was within his rights to punch my son in the chest. I just cannot believe in this country that it is legal to walk up to another human being and punch them just because you are a walmart loss prevention employee.I did not write this to fight my sons fight as it certainly is his fight I was not even there. For my own information as a careing human I worry that this guy is going to seriously hurt if not kill someone. It just cannot be right or legal for him to hurt people.
 
Again your best action is to take this to the stores corporate office, if you choose to take action at all. It will have no bearing on any criminal case or charges though. Security (loss Prevention, Asset Protection etc) can use "reasonable force" when making a stop as can any citizen making a citizens arrest. Now "punching a subject prior to any verbal commands or in the absence of any resistance is probably not "reasonable". It is also VERY likely the store policy for shoplifting stops does not permit "punching" Only a Judge could really rule on this and you already stated you do not wish to sue or press charges. I deal with questions on Loss prevention tactics quite often and yes this was questionable. You and your son need to decide what to do. It wont change his criminal case nor will it remove Civil Demand. If you do pursue this through corporate at best the AP (Asset Protection officer) would be fired or retrained and/or AP Manager could be scolded. That and your son would be given a store Gift card for the trouble. However even that i sin question as they may not want your son back in store after stealing.
 
I say... You and your son have a legitimate argument but only if the story is true and it is an accurate account, ill summarize my story... Ex addict that used retail theft to fund his habit (7 years clean & law abiding) i have never been punched by L.P. ....EVER. Granted... They're allowed by law in most states...to apply force when probable cause calls for it but to punch someone only suspected of theft... And from your story... He did not steal, that was uncalled for and someone from that walmart needs to be held accountable for the assault, tho i must say...i have never encountered loss prevention jumping into actions like that unless there was reasons for it so i hope his story is truthful or all the trouble is useless
 
In general LP are NOT allowed to PUNCH! Too much can go wrong here it object is to restrain the person and bring them back to store for processing not injure them. Any LP engaging in throwing punches is likely going to see an HR action against them. In addition nearly all retailers who permit use of force train the LP if it gets too physical to let person go. Where it possible I have never known "punches" to be part of any apprehension or at least not approved of by retailer.
 

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