Legal Question in Civil Rights Law in Louisiana

I was shopping in a store and the associates there were watching me from the time I walked into the store. So when I got to the front checkout area the manager came out and said that the camera had caught me stealing. She came out and asked me would you like to put that back, but the thing is that I didn't take anything. The thing is that I was falsely accused in front of my family and other members of the store. I think it was because I am an african american. I was wondering if there is anything that I could do about this.


Asked on 11/04/11, 7:12 pm

1 Answer from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

You can file suit. To accuse someone of a criminal act is what is known in the law as "Defamation Per Se". It means that it is presumed to be a statement that causes injury to one's reputation and malicious intent is presumed if the statement is untrue. You can file suit in a small claims court without a lawyer.

All that being said, I would do some research first if I were you. See if the place has a history of falsely accusing people, or if the owner has had complaints of racism. Also, go talk to the owner and ask to see the camera footage to see if they had any justified belief that it appeared you were stealing. It could be that it was an honest mistake and the camera angle made it APPEAR that you took something. If they refuse to show it to you or become overly defensive over the questions, that may be some evidence that your suspicions about their being racist and unjustified in their accusations are correct.

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Answered on 11/09/11, 1:45 pm


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