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Torts Keyed to Dobbs
Gortarez v. Smitty’s Super Valu, Inc.
Citation:
680 P.2d 807 (Ariz. 1984)Facts
Gortarez (Plaintiff) and his cousin were shopping at Smitty’s Super Valu, Inc. (Defendant). While his cousin was paying, Plaintiff picked up an air freshener and asked the clerk if he could pay for it in the front of the store. Plaintiff did not purchase the air freshener, so the clerk told the security guard, Gibson, and two other employees that Plaintiff had stolen it. While Gibson searched Plaintiff’s cousin, Plaintiff yelled to leave him alone. Gibson put Plaintiff in a choke hold. Gibson continued to hold Plaintiff even after Plaintiff told him he had left the air freshener in the store, where it was eventually found.
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