Schaeper v. J. M. Fields, Inc., JJ-17

• Decision Date: 11 August 1978
• Docket Number: No. JJ-17,JJ-17
• Parties: Klaus Robert SCHAEPER, an incompetent minor, by and through his father and next friend, Herbert Schaeper, Herbert Schaeper, Individually, and Arcadia B. Schaeper, Appellants, v. J. M. FIELDS, INC., a Foreign Corporation, Appellee.
• Court: Florida District Court of Appeals

Page 350

362 So.2d 350

Klaus Robert SCHAEPER, an incompetent minor, by and through his father and next friend, Herbert Schaeper, Herbert Schaeper, Individually, and Arcadia B. Schaeper, Appellants, v. J. M. FIELDS, INC., a Foreign Corporation, Appellee.

No. JJ-17.

District Court of Appeal of Florida, First District.

Aug. 11, 1978.

Rehearing Denied Sept. 14, 1978.

Robert O. Stripling, Jr., of Avera & Stripling, Gainesville, for appellant.

Dennis Comfort of Jones & Langdon, Gainesville, for appellee.

PER CURIAM.

Appellants appeal a jury verdict in favor of appellee on false arrest, malicious prosecution, and compensatory damage counts. The action arose out of an episode at a J. M. Fields store at which appellant Klaus Schaeper, a 14-year-old Mongoloid child with the mental age of a four-year-old and the appearance of a 10-year-old, was seen by the store security guard taking a toy comb out of its package and putting it into his pocket. After making this observation, the security guard approached the boy, asked him where his parents were, and then, not receiving an answer, took the boy's hand and walked toward the store intercom. Klaus' mother then came up, and the security guard told her what he had seen. Subsequently, the guard, Klaus, and his mother proceeded to a back room, where Mrs. Schaeper removed the comb from Klaus' pocket and returned it to the guard. The guard then asked her to sign a release form which insulated Fields from civil liability for the incident and further stated that there had been "reasonable and probable grounds for the apprehension and detention." Mrs. Schaeper refused to sign the admission and asked to call her husband. She did so. Mr. Schaeper advised her not to sign the form and stated that he would come to the store. He then spoke to the security guard, who testified that Schaeper was abusive, threatening to sue Fields over the incident. The security guard then called the Gainesville police because, according to his testimony, "I needed something legal to protect me to show that I had not held her." The police officer arrived at the store at approximately the same time as Mr. Schaeper and stated in his testimony that Schaeper was threatening suit against Fields and threatening to "have" the security guard's and policeman's jobs. Schaeper then read the release form and asked to call an attorney. He was permitted to call several attorneys but could not contact one.

The Schaepers testified that both the security guard and the police officer encouraged them to sign the release and threatened that unless they did so, Klaus would have to be taken to the juvenile detention center. They continued in their refusal, however, and the officer filled out a juvenile complaint form charging Klaus with shoplifting and releasing him to his parents' custody.

Subsequently, the juvenile intake counselor assigned to the case interviewed the Schaepers and upon learning of Klaus' retardation, recommended that the case not be prosecuted further. That report was forwarded to the State Attorney's office for investigation, and the charges were dropped. The Schaepers' suit against Fields followed.

At the trial, the Assistant State Attorney who...