Detainment - do I have a case

stormie

New Member
Jurisdiction
New York
Long story short, a bartender at a bar that I frequent stopped serving me, for personal reasons.
I know that her action was against me because two of my friends who were both sitting each to my left and to my right were served, but she avoided me.

Because of this, I asked for my credit card back to close the tab because I am leaving. It was unbelievable how she gave me the receipt outlining the charges that she had placed on my credit card - my friend's drinks! I did not authorize this charge, but at least she agreed to void it. So far, so good.
But things turned for the worse when for no reason, she decided to detain me by holding on to my credit card.

I asked her what she's waiting for that I want to leave, and she did not initially answer, but told me to wait. I felt very uncomfortable, and kept asking for my card back, but she held on to it, until she finally said, "Security will escort you and your credit card out." She said so with a cocky smile as if she wanted to see me humiliated. I told her that this is unnecessary as I'm not being neither violent nor am I stealing. I waited for a good 20 minutes before security came and that's when she gave me my credit card. Do I have a case for detainment/ false imprisonment?
 
But things turned for the worse when for no reason, she decided to detain me by holding on to my credit card.

No, this is not what it means to be detained or falsely imprisoned. You could have left whenever you wanted and resolved the issue later.
Nothing you have said here suggests you have any reasonable legal action to pursue against the bartender, the business, or anyone else.
 
Do I have a case for detainment/ false imprisonment?


I've seen people say a case is a winner, when it ended up being a loser.

I am not stupid enough to handicap your situation based solely upon your recitations.

However, you can consult with local lawyers and see what you can learn.

If you were seeking to swat the bar and its bartender, you missed an easy opportunity.

The moment she refused to return your credit card is the moment you should have called the POLICE and reported your allegation.

Alas, matey, that ship sailed without you on board.

Bon voyage et bon chance!
 
But things turned for the worse when for no reason, she decided to detain me by holding on to my credit card.

Suggesting it was done "for no reason" is absurd. Nothing in the history of the world has ever happened "for no reason." There's always a reason -- even if you don't know what the reason is or don't think it's a good reason.

Do I have a case for detainment/ false imprisonment?

Maybe. There's a case that most first year law students read when they get to the tort of false imprisonment. It's been a while, but I believe the case involved an auto dealer who took the keys or driver's license of a prospective car buyer in order to evaluate the buyer's trade in or credit. When the dealer refused to return the keys/license on demand, the buyer sued, and the court held that the dealer had committed the tort of false imprisonment. The difference with your situation is that the bartender having your credit card didn't prevent you from leaving in the same way that an auto dealer having the buyer's keys or license did. Feel free to sue. You seemingly have no actual damages, so you'll be seeking nominal damages and punitive damages. Good luck.
 
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