United States Fifth Circuit

Neither a private merchant, nor an off-duty police officer hired by the merchant as a private security guard who arrested an individual suspected of shoplifting, are subject to federal liability under 42 U.S.C. Section 1983, provided the officer performed an independent investigation prior to arresting the suspect.

Appellate Information

• Decided 01/25/2002
• Published 01/25/2002

Judges

• KING, Chief Judge:, Before KING, Chief Judge, and REAVLEY and JONES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Gregory L. Kelley (argued), Bossier City, LA, for Plaintiff-Appellant., Gordon E. Rountree (argued), Rountree, Cox, Guin & Achee, Shreveport, LA, for Dillard Dept. Stores, Inc. and Liberty Mut. Ins. Co., Kenneth E. Mascagni, Robert Kennedy, Jr. (argued), Cook, Yancey, King & Galloway, Shreveport, LA, for R. Brown, Co. II and City of Bossier City.