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Sirens & Gavels

Posts tagged: civil

Jury denies claims by woman who sued Walmart for profiling

A Spokane jury found a Walmart employee did not assault a customer he believed was shoplifting in an altercation outside the Shadle Park location in December 2012.

Beyonce Nieves brought suit against the Arkansas-based retailer claiming a store loss prevention employee accosted her outside the store on suspicions she stole stockings from the Ladies Wear Department. Troy Nelson, an attorney for Walmart in the case, said the jury threw out the assault, outrage and unlawful detention claims in its verdict delivered earlier this week, ruling the employee's acts were reasonable.

Via email, Nelson said Walmart would be filing a proposed judgment in their favor in the coming days. Nelson thanked the jury and said he was pleased with the verdict.

Nieves claimed she had been profiled by the employee, saying she was approached for her physical appearance. Theft charges against her were later dropped for lack of evidence, according to court documents.

Spokane woman sues Walmart, claiming she was profiled

A Spokane jury will hear the civil case filed against Walmart by a woman who claims she was profiled as a shoplifter and humiliated by a store employee in December 2011.

 

Beyonce Nieves sued the Arkansas-based retailer in Spokane County Superior Court, asking for damages resulting from assault, unlawful imprisonment and outrage for an incident that took place at the Shadle Park location on Dec. 9, 2011. Attorneys for Walmart claim their employee, a store loss prevention officer, acted reasonably when he confronted Nieves outside the store, alleging she’d secreted some stockings in a backpack and walked out without paying.

 

The confrontation led to Nieves allegedly disrobing in the parking lot in an attempt to prove her innocence, pulling up her shirt and pulling down her pants, according to court documents. The police were called and charges against her were later dropped when investigators could not prove she’d stolen anything.

 

The employee said in court filings he witnessed Nieves place the stockings in the pocket of her hooded sweatshirt. Attorneys for Walmart also want jurors to hear about a previous incident at a Fred Meyer store in which Nieves was captured on video “engaging in a crime of dishonesty” similar to the alleged Walmart shoplifting, according to court documents.

 

Nieves claims that she was singled out for surveillance because of her physical appearance. Security video will be played at trial, in which Nieves claims there is no evidence she took any items without paying.

 

Walmart has denied the allegations against itself and its employee through an attorney. The company claims Nieves was responsible for whatever consequences, physical or otherwise, resulted from the incident.

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