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Wal-Mart Security Employees Fired for Disarming Store Gunman?

Criminal Law Discussion Forum

Wal-Mart Security Employees Fired for Disarming Store Gunman?

Postby otis » Thu Dec 15, 2011 10:42 am

I am having a little trouble with this question can anybody help me with the answer?

1) Four Wal-Mart employees have been fired after management said they violated company policy by disarming an alleged shoplifter who had pulled a gun inside the store.

2) Lori Poulsen, Justin Richins, Shawn Ray and Gabriel Stewart were all longtime workers at Wal-Mart's Layton, Utah, store. Poulsen was an asset protection coordinator, Richins and Ray were asset protection associates, and Stewart was an assistant manager.

3) On Jan. 13, employees allegedly witnessed a man identified as Trent Allen Longton take a netbook computer out of the package and stuff it under his shirt. When Longton attempted to leave the store, he was confronted by Poulsen, who escorted him to a nearby office. The two were joined there by Ray, Richins and Stewart, Salt Lake City's Deseret News reported.

4) Inside the office, Longton allegedly pulled out a loaded handgun and ran toward the office door, which was blocked by Ray, Richins and Stewart. Longton then allegedly grabbed Stewart and shoved the gun into his back. Concerned for their safety, the workers reacted forcefully and disarmed Longton.

5) In the police incident report, the investigating officer noted that the Wal-Mart employees acted in the "best interest and safety" of those around them. Longton, as it turned out, was a convicted felon who was prohibited from possessing a firearm.

6) Wal-Mart managers, however, disagreed. The following week, the four workers were fired for violating the company's "Investigation and Detention of Shoplifters Policy." The policy instructs employees to retreat if an individual brandishes a weapon.

7) "If during an approach or investigation, it becomes apparent that the suspect has a weapon or brandishes or threatens use of a weapon; all associates must disengage from the situation, withdraw to a safe position, and contact law enforcement," reads a copy of the policy available online. "If at any point the suspect or any other involved person becomes violent, disengage from the confrontation, withdraw to a safe position and contact law enforcement."

8) The next paragraph instructs employees to "put people first," stating that protecting the physical well-being of "suspects, customers and Wal-Mart associates is your first priority."

9) Speaking with the Deseret News last week, the dismissed employees said they had nowhere to go and were forced to subdue the suspect when he charged them. They also said they were not comfortable allowing an armed man into the store area where shoppers could be at risk.

10) Wal-Mart did not immediately respond to a request for comment today from AOL News.

11) In a previously released statement obtained by The Deseret News, managers defended their actions, saying the four put their safety "and potentially the safety of our customers and other associates in jeopardy."

12) Stewart, who had been with Wal-Mart for 12 years, told the newspaper he is still trying to understand the company's decision."I honestly felt worse than when I had the gun to my back," he said. "I honestly felt betrayed."

?
Question needed answered:

1) Looking at paragraph 3, only

a.What civil claim(s) would Longton try to bring against Walmart and its employees? Explain your answer.

b. What defense(s) would Walmart use? Explain your answer.

c. Based on paragraph 3,only, under Georgia law what criminal charge(s) could be brought against Longton? Explain your answer.
otis
 
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Wal-Mart Security Employees Fired for Disarming Store Gunman?

Postby zackary42 » Thu Dec 15, 2011 10:49 am

I carry my concealed firearm into Wal-Mart every time I go there, which is once or twice a week. I have never seen any firearm detection devices at any Wal-Mart I have ever been in.

But if they did refuse to allow me to carry my firearm into the store and I was injured by someone holding up the store our just on a shooting spree, I would sue Wal-Mart for every nickle I could get out of them.
zackary42
 
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Wal-Mart Security Employees Fired for Disarming Store Gunman?

Postby sayre » Thu Dec 15, 2011 10:55 am

I would say that Walmart was quite rightfully concerned about getting sued if anybody got hurt. This is a situation where - from Walmart's perspective - the 'least bad' option is for the shoplifter to escape without anybody getting hurt.

Even if the only person injured was the shoplifter - Walmart can still be sued by the shoplifter for damages.
sayre
 
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Joined: Thu Mar 31, 2011 9:14 pm

Wal-Mart Security Employees Fired for Disarming Store Gunman?

Postby jarl » Thu Dec 15, 2011 11:01 am

the only reason for stupidity is stupidity

those guys should get a raise and a week paid to fly where its warm,,,,then cautioned on return
to frisk goofs first thing,basic police precedure
walmart aint 2 cmart,,,,,,ctoopid 2,,dimbulbs with collidgeedjumiactionpsychomacologyinterp…

insteada brainses ,& common sense
jarl
 
Posts: 47
Joined: Fri Apr 01, 2011 5:35 am


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