Watkins v. Sears Roebuck & Co is another interesting case concerning a defendant getting injured by a security guard for shoplifting. The shoplifter left the store with an unpaid item, which was a boom box. When it came to the security guard attention, he ran after the shoplifter and tackled him to the floor. The tackled from the security guard broke the shoplifter leg when he fell to the floor. The shoplifter was tackled by the security guard from behind without warning. The security guard was not held criminally liable because the criminal law does not apply to him while he was performing his duty. “The court found that the non-deadly force used by the guard in apprehending the fleeing shoplifter was reasonable as a matter of law” (Security Guard Liability).
Although private person/security officials or bouncers may not get charged for unlawful searches and seizure criminally, when it comes to civil matter they can easily get sued civilly if they perform their duty negligently. “Security guards and bouncers can end up facing a personal injury claim if their conduct amounts to negligence” (Injuries Caused by a Security Guard or Bouncer, 2017). Negligence cases that …show more content…
The plaintiff Buchanan “is seeking unspecified damages against the mall, a security contractor, and two security guards encounter” (Salonga, 2017). Another issue that was presented in this case is the fact that the security officer that pulled out his firearm on the plaintiff was not licensed to carry. The defendant believe that the plaintiff was trying to run him down with his car, police responded on scene recommended that defendant (fielding) be charged with unlawful brandishing of a firearm, but the Santa Clara County District Attorney declined to file charges in the case, citing insufficient evidence (Salonga,