Quimbee logo
DMCA.com Protection Status
  • D
  • Dillard Department Stores, Inc. v. SilvaDillard Department Stores, Inc. v. Silva
From our private database of 16,800+ case briefs...

Dillard Department Stores, Inc. v. Silva

Texas Supreme Court
148 S.W.3d 370 (2004)


When Lyndon Silva (plaintiff) went to a Dillard’s department store to exchange three shirts received as gifts, a cosmetics counter employee directed him to another department. On the way, Silva examined other merchandise and made three additional purchases. When a sale associate suspected Silva of shoplifting, a security guard stopped Silva and found the three shirts with no receipt in his shopping bag. Silva claimed he had a receipt and asked the guard to go with him to his car to look for it. Instead, the guard handcuffed Silva, escorted him to and detained him in an office, then turned him over to police. Silva was acquitted of any criminal wrongdoing and sued Dillard’s Department Stores, Inc. (Dillard’s) (defendant) for false imprisonment. The jury awarded Silva over $13,000 in actual damages, plus $50,000 in punitive damages based on a finding that Dillard’s acted with malice. The court of appeals affirmed the awards. Dillard’s subsequently appealed to the Texas Supreme Court, arguing that the shopkeeper’s privilege gave Dillard’s the right to detain Silva, precluding his recovery for false imprisonment.

Rule of Law


Holding and Reasoning (Per curiam)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 449,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 449,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,800 briefs, keyed to 224 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial