Shopkeepers Who Foster Arrests of Suspected Shoplifters Pursuant to a Preconceived Plan With the Police Are Acting Under Color of State Law Within the Meaning of 42 U.S.C. § 1983
Date
1976
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Texas Tech Law Review
Abstract
Examines the United States Court of Appeals for the Fifth Circuit’s case Smith v. Brookshire Brothers. In Smith, the court established that shopkeepers who detain a suspected shoplifter, in connection with a pre-established plan with law enforcement, are acting under the color of law and thus may violate the plaintiff’s civil rights protected by 42 U.S.C. § 1983. The author comments that this decision increases shopkeepers’ liability, and suggests that shopkeepers avoid such arrangements with police.
Description
Keywords
Shopkeepers, 1983, Civil rights, 42 U.S.C. § 1983, Color of law, Shoplifting, Smith v. Brookshire Brothers, Case note
Citation
7 Tex. Tech L. Rev. 709