They obtained identification from Sutherlin and determined that she had in her possession three sweaters with Lazarus tags on them, a blouse, and a scarf with a Blocks tag. In the security office, Stanifer and Jones emptied Sutherlin's shopping bag as well as her purse. When Sutherlin was grabbed, the blouse across her arm fell to the floor and one of the pair picked it up and placed it in her shopping bag. Stanifer and Jones grabbed Sutherlin, displayed their security badges, and escorted her to the store security office. At this point Sutherlin was approached by Becky Stanifer (Stanifer) and Susan Jones (Jones), undercover security operatives employed by Lazarus who had been monitoring Sutherlin's activity. While waiting for a clerk to arrive, Sutherlin left the area and began to browse among several racks of sweaters near the north door of the store. She observed, however, that the register was not attended by a clerk. Sutherlin then approached the register at which she had opened her instant charge account as she had been previously instructed. She exited shortly thereafter carrying the blouse across her arm. She removed the blouse from the rack and entered a dressing room to try it on. She proceeded to another department of the store and observed a blouse which she considered purchasing for one of her two daughters. After making the purchase, Sutherlin continued shopping. She was informed that any other purchases she intended to make with the instant charge card within the next one-half hour should be conducted at the register at which she opened the account. Shortly after *517 1:00 p.m., Sutherlin opened a Lazarus charge account in order to purchase a jogging suit for her husband. Sutherlin did not bring with her the sales receipts for the items she was returning, however, believing that they were unnecessary as she had previously returned items to Lazarus without them.ĭuring the course of her shopping, Sutherlin purchased two shirts for her son, a blouse for her daughter, and exchanged one of the previously purchased sweaters she had brought with her. At the time she entered the store, Sutherlin had in her possession a Lazarus shopping bag in which were contained three sweaters she had previously purchased from Lazarus which she desired to return. After making her appointment, Sutherlin returned to the first floor to shop for her children. Immediately upon arriving at the store, Sutherlin proceeded to the beauty salon located on the second floor to set up an appointment. Additionally, she intended to have her hair styled at the Lazarus Beauty Salon. Sutherlin visited Lazarus located in the Greenwood Park Mall in Greenwood, Indiana to complete her Christmas shopping for her family. Schrumpf, McNeely, Sanders, Stephenson & Thopy, Shelbyville, for plaintiffs-appellees.ĭefendant-appellant, Lazarus Department Store (Lazarus), appeals a jury verdict rendered in favor of plaintiff-appellees, Patricia and Richard Sutherlin (Sutherlin), on their complaint for false imprisonment, malicious prosecution, and defamation. Tosick, Greenfield, for defendant-appellant.

Dodd, Ice, Miller, Donadio & Ryan, Indianapolis, Michael J. Patricia SUTHERLIN and Richard Sutherlin, Plaintiffs-Appellees.Ĭourt of Appeals of Indiana, First District. LAZARUS DEPARTMENT STORE, Defendant-Appellant,

Lazarus department store