Huynh v. Walmart, No. 21-20277 (5th Cir. 2022)
Annotate this CaseWalmart employees stopped the plaintiffs, a woman and her daughter, on suspicion of shoplifting. The plaintiffs sued Walmart in state court, alleging false imprisonment, among other claims. Walmart removed the case to federal court, and the district court dismissed some claims and entered summary judgment in favor of Walmart. Regarding the plaintiffs' Texas Deceptive Trade Practices & Consumer Protection Act claim, the court found they failed to identify any facts that would establish an unconscionable action. Next, plaintiffs assert that Walmart employees committed acts underlying their false imprisonment claims and that Walmart is vicariously liable. The court reasoned that the off-duty police officer is treated as an anon-duty police officer for vicarious liability purposes. As a result, Walmart cannot be vicariously liable for the off-duty officer’s actions. Plaintiffs further argue that Walmart did not establish that her detention was reasonable. The court found that plaintiff cannot state a prima facie case for assault, battery, or offensive contact. Finally, they do not provide any argument that they were harmed, let alone substantially prejudiced, by allowing Walmart to attach portions of depositions, an asset protection case record sheet, and body camera footage. The court found that the plaintiffs failed to demonstrate the necessary elements for their claims.
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