McCann v. Wal-Mart Stores, Inc.

McCann v. Walmart Stores, Inc.
210 F.3d 51 (1st Cir. 2000).

Facts: The McCann mother and her sons were shopping at a Wal-Mart when they were mistaken for another family who had been forbidden to shop there (the other family had a son who'd been caught shoplifting). The Wal-Mart employees detained the family, saying that they had to stay and that they were calling the police. The McCanns were there at Wal-Mart's behest for about an hour.

Procedure: The McCanns sued for false imprisonment. Jury awarded them $20k; Wal-Mart appeals.

Issue: Were the McCanns actually confined?

Holding: Yes.

Reasoning: Among other things, confinement can be based on a false assertion of legal authority to confine. Wal-Mart asserts that there must be actual, physical restraint, quoting Kowlton v. Ross; the judge says that the language is taken out of context and was simply used to illustrate that in no way was the plaintiff in that case restrained.