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Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 3022
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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Two weeks ago, I was at the mall with a drunk friend. My friend

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Two weeks ago, I was at the mall with a drunk friend. My friend was doing stupid things and made a security suspicious of us. The mall security guard started pursing us and stopped us. He told us to leave the mall and we followed his instructions. As we left, he followed us. Because he was following us, my drunk friend started to panic and ran. The security guards ran after him. Since has was running away for no reason, I kinda chased after him to try to stop him. The mall securities thought I was running away from them and detained me, put me in hand cuffs and integrated me for no reason; I stopped running the moment they told me to stop. I told them that I was not running away from and they did not listen. I was not drunk also. I did not do anything wrong. They assumed I was drunk, but I was not. I was banned from the mall for 6 months because of this. Will that ban show up on my record? Can I possibly sue them for what they did to me? They were rude screaming foul language at me.
Hello JACUSTOMER,

Nothing will show up on your record. There was no arrest by the police or prosecution, and thus, there is no official record of anything that happened to you. The mall can ban you from the mall for 6 months. But other than this nothing else will happen to you.

Can you sue? Well, there is a civil tort known as false imprisonment. But in order for a false imprisonment lawsuit to be successful you must prove that you were intentionally held without your consent and without a privilege that would excuse the conduct. Shopkeepers or mall operators do have the privilege to instigate things like shoplifting or drunkenness or unruly behavior on their premises. So, in your particular circumstances, it is likely that the mall will raise as a defense to a lawsuit that they had the privilege to withhold you because they were investigating the incident with your friend. And they will likely will on that issue. So, while you can possibly sue for false imprisonment, it is my opinion that your lawsuit will have little chance of success.

Thomas

Customer: replied 3 years ago.

They took my ID and scanned it on some machine/computer. They also typed my ID number in a computer/machine. I remember them say " run an FI" What does this mean?..Why did they take my ID? Does this increase the chance of this incident showing up on my record?

I'm sorry I don't know what "run an FI" would mean. They just took your ID to get your name and address to possibly make a police report about the incident. You would only have a "record" if you were arrested by the police. And that has not happened.

Thomas
Customer: replied 3 years ago.

What if a record of this incident exist in police database? If a potential employer ran a background check on me, will this show up?


 


What pisses me off is that the police report filed by the mall security will most likely say that I was drunk,and under the influence of marijuana in mall grounds when I was not; My friend was, so they assumed I was too.


 


 

Only arrest records would show up on a background check. Simply police reports would not show.

Thomas
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