Holguin v. Sally Beauty Supply Inc.

264 P.3d 732 (2011)

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Holguin v. Sally Beauty Supply Inc.

New Mexico Court of Appeals
264 P.3d 732 (2011)

SC

Facts

Patricia Holguin (plaintiff) was shopping in a store owned by Sally Beauty Supply (Sally Beauty) (defendant), carrying a large eco-friendly shopping bag. Holguin picked up a can of mousse and placed it in the bag. Holguin then walked toward the front of the store. Holguin later stated that she planned to ask the cashier at the front counter a question about the mousse. However, the assistant manager accused Holguin of shoplifting. Holguin was arrested and charged. Holguin sued Sally Beauty for false imprisonment. Sally Beauty asserted that it was immune from the suit due to New Mexico’s statutory shopkeeper’s privilege. The district court agreed with Sally Beauty, holding as a matter of law that Sally Beauty had a right to detain Holguin. Accordingly, the court granted Sally Beauty’s motion for summary judgment. Holguin appealed.

Rule of Law

Issue

Holding and Reasoning (Vigil, J.)

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