LANSING, Mich. (Legal Newsline) - A woman who attempted to leave a Walmart store without paying for items including a dozen packages of ramen noodles had no basis to sue the store for malicious prosecution, a Michigan appeals court ruled.
Walmart and its loss-prevention officer had plenty of evidence to suspect Susie Vernice Mann of shoplifting even though she claimed she had paid for other items and had no intent of stealing anything. Mann claimed the self-checkout system didn’t scan the allegedly stolen items properly. They included three dresses, the ramen noodles and a package of dish cloths worth a total of $37.69.
Walmart employee Marcellius Gaylor called the police after witnessing Mann leaving the checkout station without paying for the items. A warrant for Mann’s arrest was issued but the charges were dropped because Gaylor never received a subpoena to testify for the prosecution.
Mann then sued Walmart and Gaylor for malicious prosecution and abuse of the legal process, arguing the report to police didn’t say she’d paid for other items and paid off her credit card while at the store. The trial court dismissed her case, finding no question of material fact as to whether Walmart and Gaylor had probable cause to suspect her of shoplifting.
Mann appealed, but the Michigan Court of Appeals upheld the dismissal in an Oct. 13 opinion.
Mann cited the missing information about how she paid for other items as evidence Walmart and Gaylor acted with malice, the appeals court said, but she ignored the fact the detective who issued her arrest warrant said he would have done it despite her protestations of innocence.
Walmart had plenty of evidence to suspect she had attempted to steal items, the court noted.
“Gaylor’s observations of Mann, including that Mann had passed the last point of sale without paying for some items, provided him with probable cause that Mann had intended to keep items unlawfully for which she had not paid,” the court concluded.
Also dismissed was Mann’s claim of abuse of legal process, since the store had dropped any attempt to pursue the prosecution.
“Notably, it was Gaylor’s lack of response to the subpoena that caused Mann’s criminal charge to be dismissed,” the appeals court said. “Therefore, neither defendant committed an irregular action in the criminal process because neither defendant took any action in the criminal process.”
The court awarded costs to Walmart.