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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23601
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My name is xxxxxx and I 't know if this is a civil rights

Customer Question

Hi my name is ***** ***** I don't know if this is a civil rights question but I need some information. I was just at a Wal Mart and had been in the store for about 10 minutes when I was approached by the store police officer and was told that I could not be in the store soliciting people for money. Shocked! I told the officer that I was not soliciting anyone for money and he then repeated the statement and told me that I was pointed out as being the one by customers walking around soliciting people for money. I then showed him my work ID and informed him that I had just got off work and stopped to pick up a few items. At this time I hear people laughing so I go Angry to the front of the store and request to see the store manager.
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
The store manager was not on duty so the cashier called for the Co Manager. When she arrived with the officer I asked her about when would the manager of the store be in and she stated she could help me I explained to her what happened and told her that I was very upset she then told me that she asked the officer to approach me because I had been pointed out by customers and a store associated for soliciting them for money. I had only been in the store for about 15 minute's total. I am gainfully employed and very upset.
Customer: replied 1 year ago.
This reminds me of the young man in Cleveland, Ohio xxxxxx xxxxxxxx who was shopping and looking to purchase an item and someone's poor judgment got him Killed. Although the two have no similarities but race the officer/ co manager both were very persisted in letting me know that this would not be allowed in their store and they would not bring one customer or store associated forward that had pointed me out. So I left the store without purchasing the items that I had stopped to pickup at 12:00 am.
Expert:  Zoey_ JD replied 1 year ago.

Hello,

I'm sorry to hear about your unfortunate incident. Unfortunately, however, as embarrassing and as humiliating as an experience as this was for you, it does not rise to the level of something for which you can sue. Not every event that distresses us can be rectified in a court of law.

I am sure that you believe that your character was defamed. On one level, that's quite true. But, what happened to you does not make out all of the elements of defamation of character needed to have a viable law suit. That is to say, you suffered no economic losses or physical injury as a direct result of the incident.

You can write a strong letter to Walmart's manager and to their corporate headquarters, detailing your unfortunate incident and complaining about the inappropriate overzealousness of the store personnel who handled this. You can demand an apology and that these people's position be terminated. But beyond that, you do not have a successful suit.

That said, this does rise to the level of a civil rights case if you cah demonstrate that you were targeted because you were profiled and discriminated against due to your race, religion, age, gender or disability. This is not in your fact pattern, but if it exists you indeed would have a cause of action against Walmart.

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