Quimbee logo
DMCA.com Protection Status

Serpico v. Menard, Inc.

927 F. Supp. 276 (1996)

Case BriefRelatedOptions
From our private database of 33,800+ case briefs...

Serpico v. Menard, Inc.

United States District Court for the Northern District of Illinois

927 F. Supp. 276 (1996)

Facts

Serpico (plaintiff) was 70 years old. He went shopping in a store run by Menard, Inc. (defendant). Serpico was buying pipe wrap and a nut for his employer; the employer intended to reimburse Serpico for the cost. Serpico got the nut and then went to find the pipe wrap. As he did so, Serpico put the nut, which cost 70 cents, in his pocket. Serpico found the pipe wrap and went to the register to pay. Serpico forgot about the nut in his pocket. As Serpico left the store, he was stopped by Menard security and detained in a closed room. Menard security demanded Serpico empty his pockets. Menard security refused to listen to Serpico’s explanation and called the police. The police officer tried to persuade Menard management that Serpico had made an honest mistake and that Menard should drop the matter. Serpico’s employer also called Menard management and explained that Serpico was very honest and was being reimbursed for his purchases, so he had no motive to steal. Nevertheless, Menard insisted on filing a police report and that Serpico be charged with shoplifting a 70-cent nut. Charges were filed against Serpico, and he had to retain a lawyer. Serpico’s lawyer asked Menard to drop the charges, but Menard refused, citing its policy to prosecute all shoplifting cases. On the day of the criminal trial, Serpico and his lawyer appeared but nobody from Menard appeared. The judge dismissed the case. Menard then sent Serpico a demand letter for $100 to settle all civil claims that Menard had against Serpico’s alleged attempted theft. Serpico ignored the letter. Menard then sent another letter to Serpico, threatening to sue Serpico for the alleged attempted theft. Instead, Serpico sued Menard for various causes of action, including false arrest and false imprisonment. Menard moved for a judgment on the pleadings.

Rule of Law

Issue

Holding and Reasoning (Gettleman, J.)

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 605,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead 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.

    Learn about our approachRead more about Quimbee

Here's why 605,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,800 briefs, keyed to 984 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 605,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 33,800 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership