HM&B Obtains Summary Judgment in Lawsuit Brought by Husband and Wife Customers Claiming False Imprisonment and Malicious Prosecution

Michael Alhofen and Myshel Alhofen v. Wal-Mart Stores East, L.P.

HM&B obtained summary judgment in Wal-Mart’s favor in a lawsuit alleging claims for False Imprisonment and Malicious Prosecution against the retailer. Plaintiffs Michael and Myshel Alhofen allege they were wrongfully detained by the store’s loss prevention personnel after attempting to purchase certain items using the store’s self-checkout terminal. Wal-Mart argued that it had probable cause to believe the Plaintiffs had committed retail theft and, therefore, are immune from a false imprisonment claim by virtue of Florida’s shopkeeper immunity statute. The Court agreed Wal-Mart had shown probable cause to detain Plaintiffs on suspicion of shoplifting and granted summary judgment for Wal-Mart on the False Imprisonment claim. Wal-Mart also asserted that Plaintiffs’ malicious prosecution claim failed because it did not commence or cause the commencement of criminal proceedings against the Plaintiffs, there was probable cause to commence the criminal action and Wal-Mart did not act with malice. The Court agreed and granted summary judgment as to Plaintiffs’ Malicious Prosecution claim. The HM&B team was led by Suzette Russomanno.