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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
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It happen to me. I think they messed with the scanners while trying to check out. Even asked employee to make sure everything rang up.
Add me! I’m 60 yrs old with severe nerve damage in left hand. Video shows me head to only manned cashier lane because I have trouble at self checkout. We’ve been breaking heat Temps and I have ice cream so I head to self checkout. I have trouble grasping things so i leave coffee maker box in cart but rotate it so bar code on top I scan it first with gun, proceed to scan all other items. I thought the coffee maker scanned. As I was bagging other items I accidentally double scan another item. Called for assistance to void. I was done with my entire purchase and the so employee was able to see that the coffee maker didn’t scan. She was aware but unfortunately I wasn’t. I then just insert my card and walk away. I truly did not know the item failed to scan, again but she did. When I was stopped at the door and I checked my receipt I realized it had not scanned and immediately offered to correct it. The LPE said that he knew it wasnt intentional but he would get in trouble if he didn’t call the police. I was issued a citation and upon leaving the PLE apologizes to me again and says he knew it was a honest mistake and I can feel free to come back the next day to purchase the item. So now it’s cost me my reputation as it’s my understanding this will remain on my record for life. I’ve so far spent over $1,000 to defend myself. If he knew it wasn’t intentional why not allow me to pay as I offered? Why didn’t the employee at self checkout say it seems this item didn’t scan can I help you with that? If they were to do this then they can save embarrassing the innocent people who simply made a mistake. Even trained cashiers make mistakes. It appears to me that they want to destroy as many people as they can regardless of the actual facts. I don’t condone theft and I understand this is a huge issue but there are good honest people that are getting caught up in these scenarios. If they knew real time the item didn’t scan then why not offer to help me with it? Why would you intentionally embarrass me and destroy my reputation on purpose? There’s only 2 reasons: 1)Walmart is pushing their employees to press charges regardless of the circumstances 2) through the Civil liability letters they send out they’re able to recover some of their unrecovered losses from people that are really good at shoplifting and good honest people are paying for it.
55 year spinal stenosis SEVERE nerve damage every where. My daughter help me shop. Brennan in Sandusky Ohio follow us for almost an hour.
Stops me as I ready to walk out ACCUSE AGGRESSIVELY BLOCK ME AT EXIT. He took 33 yr old daughter in office. I left confused panic attack outside. Brennan TARGETED US!
Everything was paid for!
RACIAL PROFILE HUMILIATION AND I STILL NOT MENTAL OK
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Add me this happens all the time
I was falsely accused of shoplifting a pair of earrings at Kohl’s. I told them they could search my purse and my car, they didn’t do either. I was then issued a notice telling me I wasn’t allowed in the store for a year. This was 4 years ago. I will never step foot in that store ever again.
Man this discrimination happens all the time at Walmart that’s why I try avoid going there and just spen a little more at Target but when you go to the self checkout line you have one worker standing in front of you staring you down and you have another watching over your shoulder.
Yes it happened to me 2 days ago, I had a full shopping cart with groceries, when I got to the self check out there was no Walmart employees in that area, but a few minutes into scanning my items, I saw a gentleman appear and I could feel him staring at me so I carefully and slowly scanned my items because I did not want to give him any reason to question me or to say anything, it was so obvious that he was watching me. I was about to swipe my card, when he said “Did you scan that” but his tone and he said it loud enough for people to hear, I felt so embarrassed and humiliated, I said come check to see if I did, it got to the point where I told him to call his manager, he was so rude and condescending, he upset me so much I was in tears, even after his boss told him to walk away he wouldn’t stop talking, i had to tell to go away just like he was instructed to. Worst experience ever, I told his manager, I know he singled me out because of the way I look and how I’m dressed, ( I was wearing basketball shorts and a tshirt, but I’m also covered in tattoos) so go figure what it was that made him single me out. She apologized and verified that I had scanned all my items. But the humiliation and embarrassment was overwhelming. I will never shop there again, been going there for years.
I was thrown up against the wall between two checkout stations by Walmart security staff and Walmart staff member and they actually snatched my personal belongings out of my purse as I was checking out, twisted my back and shoulder because they attacked me from behind. After they pulled items out of my purse discovered that I hadn’t stolen anything. Called complaint number several times and no action was taken not was my phone call returned. Had filed previous complaints with ethics department. I suffer from PTSD and other mental illness and it caused me to become unable to go out shopping and now I basically have my orders delivered to my house. I no longer feel safe checking out any where when my back opposite of walking individuals
I have absolutely suffered from the racial discrimination imposed by Walmart associates. I know for a fact that they’re going to check me when I go out the doors so I lick the back of my receipt and I stick it to my forehead so everybody can get a clear look and nobody has to ask me for my receipt. In 2011, I was arrested for theft in the third degree at Walmart even though I didn’t take anything. I had to do community service and received a deferred sentence. I think it’s absolutely insane that the police and the judge and the court system is just went along with it as if I actually had merchandise on my person when I left the store. I was 18 I was terrified and this is the only scar on my criminal record and it haunts me to this day.