Memorandum To: Senior Partner From: Junior Associate Lawson Date: September 15, 2015 Subject: Don Gerwin’s possible false imprisonment claim against Albert’s Book- store; prima facie claim and possible merchant’s privilege defense

Questions Presented
I. When Albert’s Bookstore restrained Don Gerwin for suspected shoplifting, did it restrain him coercively enough to satisfy the restraint element of the tort of false imprisonment, when an Albert’s employee who was significantly larger than Gerwin came up to Gerwin, grabbed him roughly, then, while other customers--including one of Gerwin’s students--looked on, pushed Gerwin to a back room office, and made him wait ten minutes without explanation?
II. When Albert’s Bookstore restrained Gerwin, did it have probable cause to suspect Gerwin of shoplifting, and did it restrain him for a reasonable time and in a reasonable manner, thereby entitling Albert’s to the merchant’s privilege recognized in section 131.655 of the Wayne Revised Statutes: A. Under the merchant’s privilege, did Albert’s Bookstore have probable cause to detain Gerwin when an Albert’s employee noticed that Gerwin fit the police description of a suspected shoplifter about which Albert’s had recently been warned, and saw Gerwin reaching into his pocket while Gerwin was in an area of the store from which the employee believed that a pen set was missing? B. Under the merchant’s privilege, did Albert’s Bookstore detain Gerwin in a reasonable manner when an Albert’s employee who was significantly larger than Gerwin, came up to Gerwin, grabbed him roughly, and harshly said, “Please come with me,” even though Gerwin put up no resistance and evidenced no intention to flee, then while other customers, including one of Gerwin’s students, looked on, pushed Gerwin through the store and into a back room office, where Gerwin