2018-12-052018-12-0519767 Tex. Tech L. Rev. 709https://hdl.handle.net/2346/82308Examines 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.engShopkeepers1983Civil rights42 U.S.C. § 1983Color of lawShopliftingSmith v. Brookshire BrothersCase noteArticle