Friday, March 16, 2007

Attention, plaintiff, the store is closing.

After having been detained on suspicion of theft of merchandise, plaintiff sued for, among other things, false imprisonment and malicious prosecution. The First Department granted defendant's summary judgment motion, in Conteh v. Sears, Roebuck, decided on March 15, 2007. For the one thing, plaintiff failed to raise a triable issue as to the unreasonability of the manner and duration of his detention, and, for the other, the fact that defendant called the police, brought the criminal complaint and cooperated with the District Attorney's office did not, as a matter of law, constitute malicious prosecution.