Jackson v. Walmart Stores Inc.

Abraham Jewett  |  June 12, 2023

Category: Discrimination

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Close up of Walmart signage, representing the Walmart asset protection lawsuit.
(Photo Credit: ARTYOORAN/Shutterstock)

Walmart asset protection lawsuit overview: 

  • Who: Marshae Jackson filed a lawsuit against Walmart Stores Inc. 
  • Why: Jackson claims Walmart employs asset protection policies and procedures that single out and discriminate against shoppers based on their race. 
  • Where: The lawsuit was filed in Ohio federal court. 
  • What are my options: Try Wish for alternatives to Walmart products.

Asset-protection policies, practices and procedures to fight theft at Walmart target individual shoppers based solely on their race, a new lawsuit alleges. 

Plaintiff Marshae Jackson claims Walmart’s asset protection procedures are “disproportionately applied” to herself and “other African Americans versus similarly situated white shoppers.” 

Jackson argues Walmart “discriminated against her based-on race” due to her being “unlawfully, unjustly, and disproportionately, detained, charged, and prosecuted for alleged theft that occurred while using the self-checkout.” 

The incident in question occurred on or about June 1, 2021, when, Jackson claims, she was stopped and ultimately detained by a Walmart asset protection specialist who accused her of shoplifting. 

Jackson argues she had no intention to shoplift while using Walmart’s self-checkout to try and pay for her items, and that the store ultimately rebuffed her offer “to pay for any unscanned items indicating that it was just a simple mistake.”

“On or about June 1, 2021, Marshae Jackson was never allowed nor given the option to pay for the items she accidently failed to scan,” the Walmart lawsuit states. 

The procedures for self-checkout services in Walmart stores, meanwhile, “allow for and even facilitate the disproportionate targeting of African Americans” by store employees working as asset protection specialists, the Walmart lawsuit alleges. 

Walmart caused customer to suffer economic, emotional, mental harm, lawsuit says

Jackson claims she suffered economic, emotional and mental harm on account of Walmart’s allegedly discriminatory, policies, procedures and guidelines relating to asset protection. 

“Since the incident … coupled with the court appearances, Marshae Jackson suffered from great mental and physical stress, and continues to suffer today,” the Walmart lawsuit states.

Jackson claims Walmart is guilty of, among other things, negligently participating in a wrongful prosecution, defamation, misrepresentation, intentional infliction of emotional distress and false imprisonment, and of violating Title II of the Civil Rights Act.

Jackson, who ultimately had her case dismissed without an indictment, is demanding a jury trial and seeking injunctive relief along with an award of actual, statutory, compensatory and punitive damages. 

In January, a federal judge in New Jersey denied a bid by Walmart to dismiss claims the retail corporation discriminated against job applicants with criminal backgrounds. 

Have you been discriminated against by Walmart and accused of theft? Let us know in the comments.

The plaintiff is represented by John Corrigan and Brian R. Herberth of Kelley Ferraro LLC. 

The Walmart asset protection lawsuit is Jackson v. Walmart Stores Inc., Case No. 1:23-cv-01110, in the U.S. District Court for the Northern District of Ohio.


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23 thoughts onWalmart shopper alleges asset protection unjustly targeted her for alleged theft

  1. Josh bickle says:

    Yet another one right here.. Along with everyone else here, this same thing happened to me, only it wasn’t necessarily discriminatory as I’m white.. Walmart is happy to profile anyone they want to without remorse whatsoever! I just received my taxes in 2021, and decided to hit up the local Walmart for some long time needed groceries, and boy did I, nearly 400$ worth. I noticed pretty early on that the same young “gentleman” was in the same shopping area I was the whole time I was there, and appeared to be on the phone or acting like he was on the phone. Which let me know right away “yep, asset protection is following me again” I guess they figure that if your a young guy, you must be up to trouble and nothing more, certainly couldn’t be a normal citizen doing some shopping that I’m going to pay for I’m 33 for crying out loud. I get a whole basket full of groceries that was getting hard to push the cart and started heading towards checkout, they had one or two checkouts with an actual person to ring you up, but the line you would have to wait in was crazy long, but they had all the self-checkouts you could think of ready to go. Kinda seemed like that’s Walmarts way of letting they’re customers know “we would rather you go through self checkout, don’t bother us” I’m in self checkout scanning my things, I asked the nearby associate for help scanning a few things like 3 different times. Finally got them all scanned and payed.. or so I thought. Headed for the exit only to be jumped by the lovely asset protection associates. I was so annoyed that they stopped me that I immediately handed them my receipt and told them “hurry up and check my receipt so I can go home” to which they said “have a seat” I said “I’ll stand, would you please just check my receipt so I can go, because your going to find everything payed for, I just paid you nearly 400$ please just check the receipt so I can go home!” They said, “well since you want to do it the hard way we’ll just call the cops and arrest you” I said in a joking tone “go ahead, because I so broke the law here by buying 400$ in groceries right?” However, it turned out that there were 2 or 3 small items that were at the very bottom of the basket that I missed that was unbeknown to me.. didn’t even amount to 30$ I said to them “well, I guess I did miss those but come on guys, does it really make sense to you that I would come in the store and spend that much money on groceries only to steal some that didn’t even amount to 30$!?” I never did get a response from them on that. The cop shows up and pats me down and then asked “what’s going on bud?” I said “welp. Apparently I’m a shoplifter because I missed 2 or 3 items at the bottom of my basket even though I spent almost 400$”

    To end the story I was given a ticket to pay of about 250$-300$ I believe it cost? And was told not to go back to Walmart, which was fine by me let me tell you. Walmart really should have to suffer the same consequences for their actions big or small! Just like they expect any their customers that they are prepared to throw the book at for even the tiniest mistake made by a customer. Doesn’t matter how loyal or how long the customer has come there to do their shopping each and every month. I used to have a friend that I’ve known a long time who worked at asset protection. He worked there almost a decade and finally got fired. Guess why? Because he kept harassing customers and then when they paid he would jump them by the exit only to find out that everything was paid for, only he was allowed to do this several times even close to a dozen times before he finally got fired for it. Something should be done about Walmart and their asset protection, they should have to comply with standards and people’s rights and not treat each and every customer like a criminal the moment they walk into their store! Come on now Walmart.

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