58 So. 3d 1068
La. Ct. App.2011Background
- Rhymes sued Winn-Dixie Louisiana for injuries from an alleged detention by a store manager for suspected theft at the Abbeville store.
- The trial court granted Winn-Dixie summary judgment, holding immunity under La.Code Crim.P. art. 215.
- The incident occurred on Christmas Eve 2007; Rhymes had Beano and cough syrup, plus several Honey Buns, and faced detention by store staff.
- The manager allegedly grabbed Rhymes by the neck and twisted his arm; police arrived and Rhymes was released without charges.
- Winn-Dixie moved for summary judgment; Rhymes appealed the grant, arguing questions of fact remain as to the use of force.
- The appellate court found material factual disputes about whether the restraint was reasonable and reversed/remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the detaining force was reasonable under art. 215(A)(1). | Rhymes argues the force was unreasonable and facts support a dispute on reasonableness. | Winn-Dixie argues immunity applies if detention was reasonable under the statute. | Summary judgment improper; material facts disputed; remanded. |
Key Cases Cited
- Freeman v. Kar Way, Inc., 686 So.2d 51 (La.App. 8 Cir. 11/6/96) (art. 215 detention immunity standard cited)
- Kyle v. City of New Orleans, 353 So.2d 969 (La.1977) (reasonableness evaluated by totality of facts and circumstances)
- LaBauve v. State, 618 So.2d 1187 (La.App. 3 Cir. 1993) (reasonable force inquiry in detention-related contexts)