Miami Civil Rights Lawyer for Retail Discrimination, False Imprisonment, Unlawful Detention, and Malicious Prosecution

You need a Miami civil rights lawyer who will fight for justice when your rights are violated in grocery stores, clothing stores, pharmacies, malls, hotels, restaurants, nightclubs, and other public spaces and businesses.  At The Berman Law Firm, P.A., we represent people throughout Florida who have been falsely detained, racially profiled, or unlawfully searched or assaulted in retail stores and other public places and businesses. You should not accept mistreatment at the hands of overreaching store employees, security guards, or off-duty police officers. We help clients hold businesses accountable for civil rights violations, and we get results.  We harness our extensive experience pursing and previously defending against civil rights claims to maximize your recovery. We work closely with our clients’ criminal defense attorneys to obtain a favorable outcome of criminal charges.  Our close coordination with criminal defense counsel also ensures all information and evidence required for a successful civil claim is secured during the criminal case.

What Is a Civil Rights Violation in a Retail Setting?

You have a right to be free from unlawful detention, discrimination, and excessive force, even in a private business. When a retail store or its employees violate your rights, it may give rise to a civil rights claim under Florida law or federal civil rights statutes. Our clients’ civil rights claims typically arise out of being falsely detained or falsely arrested for shoplifting, trespassing, or other crimes that they did not commit.  Critically, our client should never have been detained or arrested.  

We Handle Miami Civil Rights Cases Involving:

False Imprisonment by Retail Stores, Malls, Hotels, Restaurants, or other Businesses

If you were you wrongfully detained in a store, mall, hotel, restaurant, or other businesses by their security or staff without reasonable suspicion, Florida law protects you from being held without probable cause. These incidents often occur when someone is stopped on suspicion of shoplifting or refuses a receipt check, and store employees or security overstep their legal authority. You may have a claim even if you were not physically restrained and even if the stop only lasted a few minutes.

Unlawful Use of Off-Duty Police as Security

Many retailers in Miami hire off-duty police officers for security. But if an officer detains or arrests you without probable cause or uses excessive force you may have a civil rights claim. The store that hired the off-duty police officer can be held to account for the officer’s actions.

Receipt Check Detentions

While a store may request to see your receipt, you cannot be forced to show your receipt except at wholesale clubs.   The store employees cannot legally detain you, block your path, or pressure you into staying in the store or showing your receipt, even for a few minutes, unless they actually witnessed you shoplifting or captured it on video.

Racial Profiling and Discrimination

You may have a civil rights claim if you were you followed, watched, or accused of theft based on your race, ethnicity, religion, or gender identity. We pursue justice in cases of discriminatory treatment in retail spaces, including national chain stores and shopping malls.

Accused of Theft at Self-Checkout

Retail stores in Florida are increasingly using self-checkout systems, but the rise of this technology has brought a significant increase in incidents of being accused of theft at self-checkout, false imprisonment, and malicious prosecution. When a store improperly detains a customer following a self-checkout transaction, that conduct may constitute false imprisonment and malicious prosecution under Florida law.

Illegal Search and Seizure

A store employee, manager, or security guard may not search your bag, touch your belongings, or prevent you from leaving without probable cause. These actions can rise to the level of a civil rights violation.

Malicious Prosecution

When you are falsely accused of shoplifting, trespass, or committing other crimes but have done nothing wrong sometimes you end up being arrested and charged with a crime.  This may be malicious prosecution for which you could be entitled to compensation.

Damages You Can Recover With the Help of a Miami Civil Rights Attorney

We help our clients pursue maximum compensation, which may include:

• Pain and suffering

• Emotional distress and humiliation

• Medical and/or mental health care expenses

• Lost wages

• Loss of future earning capacity

• Punitive damages (for certain egregious civil rights violations)

Do I Have a Case?

If any of the following happened to you in a Miami retail store, mall, hotel, restaurant, nightclub, and other public spaces, contact us immediately for a free consultation by a Miami civil rights lawyer:

• You were detained and not allowed to leave (even for a few minutes)

• You were falsely accused of shoplifting or other criminal acts

• You were searched without consent or forcefully stopped

• You were insulted, profiled, mistreated, threatened, or assaulted by staff or security

• An off-duty police officer acting as security used force or threatened you

Schedule Your Free Consultation Now

You need a Miami civil rights lawyer.  Let us help you stand up for your rights. Contact The Berman Law Firm, P.A. to speak with us today.  We offer free consultations and take most civil rights cases on a contingency fee basis. We are not oversized law firm handling every type of case. We are focused, local, and dedicated to personalized representation.  We don’t back down from big corporate defendants, security companies, or government agencies. You pay nothing unless we recover for you.  Call us now at 305-371-8823 or use our secure online form below to begin your free case evaluation.  We want to represent you and will work hard to pursue your rights.