2 Black men say they were handcuffed while trying to return a TV - Now they're suing Walmart

thekev

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Unfortunately, too many believe that wording. It's obviously duress. But too many are willing to believe LEOs and security folk over someone deemed suspicious for whatever reason. Again, one of the men is a former LEO. That will weigh heavily. Unless there is no evidence to suggest these two Black did anything wrong and Walmart settles. Their lawyers are well known and highly competent. I don't see this ending well for the store and its employees.

Again, judges should know better than to allow such nonsense. They don't have to be particularly brilliant, merely familiar with this kind of crap through experience as judges or as lawyers prior to that. If you tell someone anything along the lines of "you aren't allowed to leave unless you sign this," that is well within the recognized definition of duress, regardless of the phrasing of the document.

Walmart presumably needs better protocols for this kind of thing though. I suspect this will happen if such incidents become sufficiently expensive for them.
 

SuperMatt

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Again, judges should know better than to allow such nonsense. They don't have to be particularly brilliant, merely familiar with this kind of crap through experience as judges or as lawyers prior to that. If you tell someone anything along the lines of "you aren't allowed to leave unless you sign this," that is well within the recognized definition of duress, regardless of the phrasing of the document.

Walmart presumably needs better protocols for this kind of thing though. I suspect this will happen if such incidents become sufficiently expensive for them.
A competent judge wouldn’t even allow that ”evidence” to make it in front of the jury if it would be prejudicial.
 
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