New York Criminal Lawyer Blog
The plaintiff and appellant of the case is Sharon McNulty. The defendants and appellees in the case are J.C. Penney #2168, J.C. Penney Corporation, J.C. Penney Company, Eric Green, and John Doe Defendants. The case is being heard in the fifth circuit of the United States Court of Appeals.
Appeal
Sharon McNulty, the appellant is challenging the original grant of a summary judgment made by the district court. McNulty was arrested at a J.C. Penney store located in Ridgeland, Mississippi after she had been accused of shoplifting on the 25th of March in 2005.
Original Case and Background
Sharon McNulty is female and African American. She states to be disabled. While she was shopping on the 25th of March at the Northpark Mall located in the city of Ridgeland in Mississippi, she entered the department store of J.C. Penney’s. A New York Drug Crime Lawyer said when she entered the store she already had shopping bags from Dillard’s and McRae’s, where she had previously been shopping.
While visiting J.C. Penney’s, an associate became suspicious of her and stated that he had seen her enter the fitting rooms repeatedly with merchandise. Eric Greene was working as the security guard at the time. He viewed a security camera and watched McNulty choose a number of different items and place them in her cart. She was observed for over 30 minutes. She continued to gather items and place them on top of her bags that were already in the cart. She paid for the items, but a brassiere that was attached to the front of her cart was not paid for. During his statement Greene said that McNulty acted suspiciously during her time at the store and then left. When she exited the store she was stopped and taken to the security office. A New York Drug Possession Lawyer said she was kept in the office until a police officer arrived.
During her time in detainment McNulty became very upset and claims that a number of ailments were developed, including stress related blindness that was temporary.
A Queens Drug Possession Lawyer said Sharon McNulty was found not guilty on this charge of shoplifting and proceeded with a lawsuit that was moved to a federal court and accused Eric Greene, an employee of J.C. Penney, and the company J.C. Penney of false imprisonment, assault, battery, malicious prosecution, defamation, negligence, invasion of her privacy, discrimination based on her disability, discrimination due to race, discrimination that was gender based, and discrimination based on her religion.
Case Discussion and Case Ruling
On the 25th of March the district court dismissed the claims of intentional torts as the one year statute of limitations as stated by the laws of Mississippi. A Nassau County Drug Possession Lawyer said she is not challenging this order.
The remaining claims including negligence, and unlawful arrest were all dismissed through a summary judgment that was granted in favor of the appellees on the 23rd of May, 2008.
After reading through the evidence that has been provided, we have found no proof in regards to the claims made by McNulty. For this reason, we affirm the decision that was made by the district court and the motion for summary judgment is upheld.
We offer free consultations to anyone that finds themselves in need of legal advice, whether you have been charged with shoplifting, a drug crime or sex crime. With offices located throughout the city of New York, Stephen Bilkis & Associates makes it easy to set up an appointment at a time that suits your needs. If you need help through any type of legal matter let our experts walk you through each step along the way.