Great Atlantic & Pacific Tea Co. v. Paul

Great Atlantic & Pacific Tea Co. v. Paul
256 Md. 643, 261 A.2d 731 (1970)

Facts: Paul, an elderly man just getting over a heart attack, was shopping in an odd way (he would leave his cart at the end of the aisle and relay goods from the aisle back to the cart). An assistant manager saw him and thought he'd stolen something; the assistant manager marched Paul to the manager's office and had him searched. Paul claimed that this incident aggravated his heart condition and caused him pain and suffering.

Procedure: Jury found for Paul; A&P appeals. A&P argues that Maryland should adopt the Restatement (Second) of Torts, § 120A (1965), where it is not a false imprisonment if you believed someone to have stolen from you.

Issue: Should Maryland adopt the restatement? (and if they did, would it mean the false imprisonment charge was in error?)

Holding: No (and no)

Reasoning: The shopkeeper can detain people he suspects of theft, but if he is wrong, then it is a tort; the shopkeeper has both that privilege and that risk. (Furthermore, the store had no probable cause anyway).