False Imprisonment in the Case of Chris Pearson v. Savings Galore Supermarket.

PART A

Provide (5) additional facts you believe need to be formally discovered to support the case:

Details of the Shoplifting Incident:

• Illustration: Obtain precise details regarding the specific acts undertaken by Pearson’s acquaintance during the occurrence of the shoplifting event. Ask if there was an attempt made by the individuals to exit the store premises without paying for the things in question and if this action resulted in any conflict with the security personnel employed by the store.

Store’s Policy on Detaining Suspected Shoplifters:

• Illustration: Obtain a copy of Savings Galore Supermarket’s official policies and procedures for detaining suspected shoplifters. This can contain the procedures employees are directed to do and any time limits on detention.

Communication between Store Employees during the Incident:

• Illustration: Request documentation of the communication exchanges amongst the personnel employed at the store during the aforementioned incident. This may encompass transcripts of radio communications, written records, or any form of electronic communication that transpired.

Witness Statements from Other Shoppers:

• Illustration: Subpoena statements from other shoppers who were there at the time of the occurrence. These statements can illuminate what happened and if Pearson’s detention was warranted.

Training Records of Store Security Personnel:

• Illustration: Subpoena the training records of any security officers engaged in the incident. This will aid in determining their qualifications and whether they have received appropriate training to deal with such scenarios.

The method of discovery you will utilize in order to obtain each of these facts:

Interrogatories to Savings Galore Supermarket:

• Illustration: Draft interrogatories include specific questions concerning the incident that Savings Galore should be asked, including what the store security did, whether they followed the rules, and whether any employees spoke with each other.

Request for Production of Documents:

• Illustration: Write a written request outlining the necessity for the store’s policies regarding the detention of shoplifters, as well as communication logs and personnel training records.

Depositions of Store Employees:

• Illustration: Arrange for depositions with essential participants in the incident, such as store security staff, to get firsthand reports of what happened. This can offer subtle information that printed records might miss.

Subpoena for Witness Statements:

• Illustration: Subpoenas should be sent to people who were recognized as eyewitnesses to the occurrence. This is a legal mechanism that forces them to make sworn statements, which are essential to know in order to comprehend what transpired before Pearson was placed under arrest.

Subpoena for Security Personnel Records:

• Illustration: Send a subpoena focusing on the security personnel’s training records. This guarantees a targeted and direct retrieval of pertinent data.

Any problems that may arise or be anticipated in obtaining each of the additional facts:

Resistance from Savings Galore Supermarket:

• Illustration: Preempt the store’s reluctance to divulge specific details by emphasizing the importance of cooperation and transparency in civil litigation.

Incomplete or Withheld Documents:

• Illustration: Acknowledge the retailer’s potential to furnish documents that need to be completed or redacted. Elucidate the indispensability of pristine information in order to guarantee an impartial assessment.

Reluctance of Store Employees to Depose:

• Illustration: Recognize the possibility that store employees may hesitate to participate in depositions. Assure them of the significance of their truthful testimony in establishing the facts and the legal protections they are entitled to.

Uncooperative Witnesses:

• Illustration: Recognize the difficulty posed by uncooperative eyewitnesses and emphasize the necessity of legal instruments, including subpoenas, to compel their presence during the investigative procedure.

Privacy Concerns for Security Personnel Records:

• Illustration: In regard to security personnel records, identify potential privacy concerns that the store may have. Ensuring the store that only directly pertinent information is being sought, specify the relevance of these records to the case.

PART B

CIVIL LITIGATION CHART

CHRIS PEARSON V. SAVINGS GALORE SUPERMARKET

References

Maerowitz, M. A., & Mauet, T. A. (2021). Fundamentals of California Litigation for Paralegals. Aspen Publishing.