## Facts

- Deborah Barkley shopped at a grocery store operated by McKeever Enterprises, Inc. (Price Chopper) with her husband.
- Barkley placed several items (including notebooks, a book light, toothpaste, and batteries) into a reusable shopping bag she carried near her purse while carrying other empty reusable bags.
- At checkout, Barkley’s husband unloaded items from the cart to be scanned, while Barkley walked past the register and handed empty reusable bags to an employee for bagging.
- Store employees observed Barkley heading toward the exit without paying for certain items and stopped her; the bag contained unpaid store merchandise whose value exceeded the store’s threshold for criminal prosecution.
- Employees escorted Barkley to a security office and detained her on suspicion of shoplifting.
- During the detention, Barkley refused to remain seated, approached employees from behind, and attempted to move toward the door; employees attempted to handcuff her and a scuffle occurred.
- Barkley was initially handcuffed in front; when she opened the door, employees knocked her to the floor and moved the handcuffs to the back while completing a report.
- Police arrived and arrested Barkley about 46 minutes after the initial detention.
- Barkley was later acquitted of the shoplifting charge.
- Barkley sued Price Chopper asserting multiple tort theories, but submitted only false imprisonment and battery claims to the jury; the jury found for Price Chopper on both.

## Issues

1. Whether the statutory merchant’s privilege permits a merchant to continue detaining a suspected shoplifter for a reasonable time after the merchandise is recovered, such that the detention is not false imprisonment.
2. Whether the merchant’s privilege may serve as an affirmative defense to battery when the merchant uses physical force during a privileged detention, so long as the force is reasonable.

## Decision

- The Supreme Court of Missouri affirmed the judgment for Price Chopper.
- The court held that the merchant’s privilege authorizes detention in a reasonable manner and for a reasonable time when supported by probable cause, and it does not automatically end upon recovery of the merchandise.
- The court held the privilege may extend long enough to determine whether theft occurred and to summon law enforcement and initiate criminal proceedings, subject to reasonableness.
- The court held the merchant’s privilege may operate as an affirmative defense to battery when the physical force used to effectuate the detention is reasonable and not excessive.
- The court concluded it was proper to instruct the jury on the privilege as to both false imprisonment and battery and to submit Price Chopper’s affirmative defense to the jury.

## Legal Principles

- A merchant with probable cause to believe a person is committing or attempting to commit theft of merchandise is privileged to detain that person in a reasonable manner and for a reasonable time under Mo. Rev. Stat. § 537.125.
- The privilege may continue after the merchant recovers the property, for a reasonable period, to investigate the suspected theft, contact police, and instigate criminal proceedings.
- Probable cause is evaluated at the time of detention; a later acquittal does not negate probable cause for purposes of the privilege.
- A “reasonable manner” of detention can include reasonable, non-excessive physical force necessary to maintain the detention; when reasonable, the privilege can defeat civil liability for battery arising from that contact.
- Reasonableness of the detention’s duration and the force used are fact questions for the jury when supported by evidence.

## Conclusion

The court affirmed defense verdicts on false imprisonment and battery, holding that Missouri’s merchant’s privilege permits a reasonable detention supported by probable cause even after the goods are recovered and may also justify reasonable, non-excessive force used to carry out that detention.


Barkley v. McKeever Enters., Inc., 456 S.W.3d 829 (Mo. 2015)