HM&B Obtains Summary Judgement on False Arrest and Malicious Prosecution Claims

John Doe v. Big Box Retail Store

The Plaintiff alleged that he was falsely arrested and maliciously prosecuted by a Big Box Retail store. The Plaintiff alleged that he paid the deposit for a rental equipment, but the store employees falsely reported to law enforcement that he stole the item. The plaintiff admitted, under oath, that the store employees advised him that his method of payment was declined prior to him leaving the store. He further admitted that he refused to attempt payment for a second time as he believed his payment was accepted the first time and left with the equipment. The incident was also captured on CCTV which highlighted multiple inconsistencies in his testimony. The Plaintiff alleged mental anguish and damage to his reputation for the incident. The Court granted summary judgment finding that the store employees had probable cause to believe a retail theft had occurred and that the Big Box Retailer had probable cause to institute criminal proceedings against the Plaintiff. Congratulations to Audra M. Bryant for securing this win for our client.

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