Antonio Flores, Juana Flores, Giovanni Flores, Abigail Flores v. Steven Shephard, City of National City
Published: May 9, 2009 | Result Date: Nov. 21, 2008 | Filing Date: Jan. 1, 1900 |Case number: 04-2337 Summary Judgment – Mixed Verdict
Court
USDC Southern District of California
Attorneys
Plaintiff
Teresa A. Trucchi
(Suppa, Trucchi & Henein LLP)
Defendant
Facts
On Nov. 14, 2003, plaintiff Antonio Flores purchased an item at a JC Penney store. Antonio returned later the same day with his wife, plaintiff Juana Flores, and his children, plaintiffs Giovanni Flores and Abigail Flores. When the Flores came back to the store to return the item Antonio had purchased earlier, Antonio was detained by defendant Stephen Shephard of the defendant City of National City (National City) for questioning concerning a shoplifting incident that had occurred in the store earlier that day. The entire Flores family was allegedly detained and questioned regarding the shoplifting incident.
The Flores filed suit on Nov. 9, 2004 for false imprisonment. Shephard and National City had the case removed to federal court on Nov. 22, 2004.
Contentions
PLAINTIFFS' CONTENTIONS:
The plaintiff contended that they were illegally restrained.
DEFENDANTS' CONTENTIONS:
Shephard and National City countered that the Flores were merely asked about the incident in the hopes that they would have some information and that they were free to leave at any time.
Result
The jury found for Antonio Flores and the judge awarded nominal damages of $1. The jury found in favor of the defendants on the claims of the remaining plaintiffs.
Other Information
A confidential settlement was reached with the JC Penney defendants before trial. FILING DATE: Nov. 9, 2004.
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