Wal-Mart shoplifting suspect claims excessive force, cites videotape

     A Port Arthur man is suing Wal-Mart for injuries he received after he was caught shoplifting. It happened March 13th at the Wal-Mart on Twin City Highway in Port Arthur and it was all caught on tape. Jessica Holloway reports, attorneys say the shoplifter is suing because store employees went too far.

     Surveillance video was taken from inside Wal-Mart in Port Arthur. It appears that four employees wrestle Michael Harris to the ground. Harris is suing Wal-mart and two employees for dislocating his shoulder. It's what happened before, caught on tape, that led up to this point.

     "We have moved forward with the litigation of this case," said Langston Adams.

     His attorney says Harris is seen shop-lifting. He's stuffing infant clothes into a sack. A little while later he tries to leave the store and a man in a white shirt runs after him.

     "A business owner has the right to use reasonable force to detain an individual they believe is suspected of shop-lifting," said Adams.

     If this case goes to trial, a judge would have to decide whether the Wal-Mart employees used reasonable force to prevent this crime or if they went too far. The video shows harris being caught and giving up the sack. A little while later employees bring him into a room with a bench. His attorney says he's hand-cuffed and hurting. He's injured. It's not until Port Arthur Police arrive that Harris is allowed to take off the cuffs.

     A medical report says Harris suffered a dis-located shoulder. He's suing Wal-Mart employees claiming negligence, false-imprisonment, assault and intentional infliction of emotional distress.

     Adams says his client admits he broke the law, but that doesn't justify what's captured on tape.

     "The use of force in this case was absolutely un-called for," said Adams.

     A trial date has not been set. Langston Adams says his client will ask for $100,000 for medical expenses, mental anguish and loss of earning capacity. We checked into the laws concerning the rights of security officers.

     Under Texas law, a security guard or anyone has the right to detain a person who has stolen or is attempting to steal property but it must be done in a reasonable manner and for a reasonable time. You also have the right to seize the stolen property and bring it, along with the person suspected of stealing it, if that person can be taken to a peace officer. When someone is restrained, that's considered an arrest. But you can only arrest someone after witnessing a felony, like rape, robbery or murder or after an offense against the public peace. That can be something as simple as abusive language that incites an immediate breach of the peace.

      Wal-Mart's corporate office says it cannot comment on pending litigation however it does take allegations like this seriously.