Facts: Colbyn (plaintiff) went shopping at Kennedy’s, Inc (defendant), a clothing store. Colbyn was 70 years old and wearing an ascot when he entered the store. He purchased a sport coat which he left for alterations. When leaving the store, Colbyn stopped at the front door to put on his ascot that he had placed in his pocket while picking out the sports coat. Goss, an employee of Kennedy’s, stopped Colbyn from leaving by putting his hand up and asking where the Colbyn got the ascot. Colbyn asked why. Goss responded by firmly grabbing Colbyn’s arm and said “You better go back and see the manager.” During the incident, an employee was standing next to Goss and other individuals watching Colbyn. Colbyn stated he would go back in the store. Goss and Colbyn went upstairs to the second floor with Colbyn pausing twice due to chest and back …show more content…
(2) Does the evidence show that the plaintiff was detained for shoplifting in a reasonable manner for a reasonable length of time on reasonable grounds?

Rule: There are two primary rules: (1) A demonstration of physical power which can only be avoided by submission, and is submitted to, is false imprisonment. (2) A merchant may detain a person for questioning in a reasonable manner for not more than a reasonable length of time, and if there were reasonable grounds to believe the person detained was committing or attempting to commit larceny of goods for sale.

Holding: There are two related holdings: (1) Grabbing an elderly man’s arm in a public area and requesting he stay for investigation can constitute false imprisonment due to fear of personal difficulty causing the restraint. (2) Goss was not reasonably justified in believing Colbyn was shoplifting when applying the standard of reasonable grounds as measured by the reasonably prudent man