Frances Abagnale Summary

STATEMENT OF FACTS
On September 29, 2015, R-Mart, a community retail establishment in Albany, Georgia, was flooded with customers. Compl. ¶ 2. Frances Abagnale, a 22-year-old frequent shopper at R-Mart was browsing multiple parts of the store. Compl. ¶ 3. After exiting the soda aisle, and entering the snack aisle Abagnale produced a bottle of Dr. Pepper, drank some and placed the bottle into her backpack. Id. Then, R-Mart security guard John Nottingham approached Abagnale responding to suspicious activity. Compl. ¶ 4. Nottingham stated “You have been acting suspiciously today,” to which Abagnale did not respond but for looking around herself. Id.
Nottingham then requested Abagnale show him the contents of her bag, Abagnale refused. Compl. ¶

Compl. ¶ 10. Abagnale explained she brought the bottle from her car, although Hanratty recounted every shoplifter stating something similar. Compl. ¶ 11. According to Abagnale’s own account, Hanratty exited to review the store’s security video recordings, from which he concluded the bottle was not taken from the store.Compl. ¶ 16. Abagnale remained in the room while Nottingham watched her. Compl. ¶ 12. Nottingham placed his fingers in his ears to avoid Abagnale persisting to repeat her story. Id. Within minutes Hanratty returned and requested Nottingham exit the room. Compl. ¶ 13. A moment later, Hanratty returned again to inform Abagnale she was free to leave. Compl. ¶ 14. The entire process lasted approximately nine minutes. Compl. ¶ 17. Upon Abagnale exiting the room, Nottingham commented stating “Cheater’s proof” when the bottle fell from Abagnale’s bag. Compl. ¶

In deciding whether the employees acted within his given duties, the defendant need only show his actions fell within the normal duties of a security officer or his actions were necessary to determine the truth. The manner should only be determined to be unreasonable if the plaintiff can show excessive and aggressive physical contact. Accusatory commentary expressed during the course of the detention is immaterial. Godwin, 172 S.E.2d at 467, Tomblin v. S.S. Kresge Co., 207 S.E.2d 693, 693-97 (Ga. App. 1974), Colonial Stores, Inc. v. Fishel, 288 S.E.2d 21, 21-24 (Ga. App. 1981), Estes v. Jack Eckerd Corp., 360 S.E.2d 649, 652 (Ga. App.1987), Brown v. Super Discount Markets, Inc., 447 S.E.2d 839, 839-841 (Ga. App. 1996), Ye.v. Kroger, 556 S.E.2d 879, 879-81 (Ga. App.