Shoplifting, Larceny, Robbery, Theft Excessive Force used for shop;ifting

[thehelper]

I have a friend who is up on shoplifting charges. She is representing herself. The store in which this occurred used excessive force to detain her until the police arrived. She was held by 3 employees and the manager flat on the floor and received severe bruising from the holding her down. They did not allow her to sit up and help her down flat in the doorway of the store. She repeatedly told them she couldn't breath but they did not let her sit up. Can she fit the charge due to the way she was taken down? She was passed the registers but had not left the store. Her whole body was covered with bruises. We took pictures of them.
Isnt there a statute in Arizona which is about the use of excessive force? What can she do?

 

[CdwJava]

This is two separate matters. Her theft case will not be affected by the force used to detain and arrest her by the store employees. She faces criminal charges for the theft, and will have to consider engaging a civil attorney if she hopes to sue the store for any damages. But, this will be made more difficult if she is convicted of the theft.

If she cannot afford a criminal defense attorney, assuming she is facing charges that could result in jail time, she should be eligible for court-appointed counsel unless she has assets or income that are too high for her to qualify as effectively indigent.

 

[shrinkmaster]

I am a retail theft consultant and answer questions like yours daily. The force used excessive or not has no bearing n theft case as stated. Yes your friend can sue but that will be a long battle with no promise of positive outcome. Your friend might be best served to contact the stores corporate office about this issue. Your friend "might" get a gift card but don't expect much else if that. The circumstances that preceded the take down come into play as well. Without knowing whole situation (from your friend not you) we cannot really say. What is store policy on physical contact during theft stop?
Your friend needs to talk to a Lawyer about criminal case when your friend does they should ask about ACD or Diversion as plea option to protect their record. Your friend can also expect a letter of "Civil Demand" from stores Law firm. Pay this soon as possible to avoid further consequences. More here http://www.parentnook.com/forum/viewtopic.php?f=161&t=3934

 

[Betty3]

She "might" want to forget about suing the store - it "probably" will not be worth it & she might not win. However, she might want to let the corporate office know as suggested. She will need a lawyer or public defender for the theft.