West Virginia Record

Wednesday, April 1, 2020

Woman sues Wal-mart for false arrest that caused her to lose her job

State Court

By Kyla Asbury | Feb 27, 2020

Arrest

BECKLEY — A Raleigh County woman who claims she was falsely arrested for shoplifting is suing Wal-mart for her suffering.

Bobbie Rose, a loss prevention manager at Wal-mart, was also named as a defendant in the suit.

Christina Ann McKinney was arrested on May 17, 2017, for allegedly shoplifting $38.09 worth of merchandise, according to a complaint filed in Raleigh Circuit Court.

A shoplifting event occurred at Wal-mart on April 26, 2017, by two females that Rose observed placing merchandise into an empty purse and he attempted to stop the women as they were leaving the store, but they didn't stop, according to the suit.

The complaint states that when Rose watched a surveillance video, he saw the two women speaking to another Wal-mart employee, Devin Fuller, and he asked Fuller who the women were.

Fuller identified one of the women as Alexandrea Manns but wasn't sure who the second woman was, according to the suit. Fuller later provided two names to Rose from Facebook.

The complaint states that when Rose called the Raleigh County Sheriff's Department, he gave Manns' and McKinney's names and did not inform the deputy that the eye witness couldn't remember the name of the second woman.

McKinney claims a criminal complaint was filed against her on May 1, 2017, and she was arrested at approximately 9:30 p.m. on May 18, 2017, while she was in her home with her husband and 5-year0old child. She told the officer that she had not been at Wal-mart, but she was still arrested and she spent the night in Southern Regional Jail.

Later, Manns spoke with Sheriff's Deputy R.L. Talley, who told him the second shoplifter was Kristy McKenzie and not McKinney, according to the suit. Talley dismissed the criminal complaint against McKinney upon discovering the mistaken identity.

McKinney claims even though she was falsely arrested, her criminal record now shows an arrest for shoplifting and she lost her job at the U.S. Postal Service.

McKinney is seeking compensatory and punitive damages. She is represented by Mark S. Plants of Plants Law Offices in South Charleston.

Raleigh Circuit Court Case number: 19-C-492

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Organizations in this Story

Raleigh Circuit Court