Facts

On Nov. 14, 2003, Antonio Flores, his wife, Juana Flores, and their children, Giovanni and Abigail, returned to a J.C. Penney store in National City to return pants that Antonio had purchased earlier. Security personnel at the store suspected Antonio of being a shoplifter and called the police. National City Police Officer, Steven Shepard, questioned the immigration status of Antonio and Juana, detaining them for less than 45 minutes. Officer Shepard contacted the U.S. Border patrol and two of the Flores' family members were arrested and subsequently deported.

The Flores family sued J.C. Penney, the store's manager, Shepard, and National City for false imprisonment, discrimination based on national origin, emotional distress, and constitutional violations.

PLAINTIFFS' CONTENTIONS:
The plaintiffs pointed to the fact that Antonio Flores had a purchase receipt, both Antonio and Juana showed identification immediately, and that they did not match the description of the actual suspects, except for being Hispanic.

DEFENDANT'S CONTENTIONS:
Defendants contended that Shepard acted reasonably.

Settlement Discussions

The plaintiffs demanded $35,000 and the defense offered a dismissal for waiver of costs.

Injuries

Plaintiffs claimed emotional distress.

Result

The jury returned a verdict in favor plaintiff Antonio Flores, finding that Officer Steven Shepard violated Flores' civil rights. Flores was awarded nominal damages. Judgment for defendants on all remaining claims.

Other Information

J.C. Penny and John Sanchez settled prior to trial in a confidential settlement.

Deliberation

two days

Poll

12-0

Length

four days