This section contains the nature of the case and procedural background.

After purchasing the compact disk, P asked a female clerk for assistance in locating the book. The clerk stooped down to retrieve a book from the bottom of the shelf, she, or her shirt, was touched by P. P claimed that he was merely trying to help the store clerk with her shirt, which she was trying to reach in order to tuck it in. The clerk maintained that P inappropriately grabbed her buttocks. The store clerk reported P to her supervisors that P had touched her inappropriately. Two store managers and a security guard approached P, accused him of having touched the store employee inappropriately, which D adamantly denied, and then escorted P to an office where he was detained for one to two hours. P was interrogated, photographed, and subjected to racially discriminatory remarks. When the police arrived, they questioned P about the incident, returned his ID and driver's license, which had been taken from him by D, and told him to leave the store. P was not arrested. P sued D claiming false imprisonment. P claimed that he suffered embarrassment explaining the incident to his family, developed a facial twitch and insomnia, lost weight, and was banned from D for the rest of his life. An expert testified that D did not have any policies or procedures to prevent employees from unlawfully detaining customers or exercising unbridled discretion handling customer incidents. P got the verdict for $117,000. D appealed.

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