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Case Results

Racial Profiling at Walmart — Customer Receives Cash Settlement

The Situation

Our client went to Walmart to shop for groceries. While she was inside the store, a Walmart employee accused her of stealing. Our client had not stolen anything. She maintained that she was targeted and treated like a criminal because of the color of her skin.

A false shoplifting accusation can be humiliating and frightening. When racial bias contributes to that accusation, the incident may also raise serious civil-rights and discrimination concerns.

Our Strategy

Attorney Mark Nicholson filed a lawsuit on the client's behalf. The case was initially filed in Indiana state court, but Walmart removed it to the United States District Court for the Southern District of Indiana in Indianapolis.

Our office continued pursuing the case in federal court against one of the largest corporations in the world. We challenged the unsupported theft accusation and sought compensation for the discriminatory treatment and harm our client experienced.

The Result

The case was successfully resolved, and our client received a cash settlement from Walmart.

Why This Case Matters

Businesses and their employees cannot treat customers as criminals based on racial stereotypes. A false accusation of shoplifting can cause public humiliation, emotional distress, reputational harm, and other damages.

This result demonstrates that an individual can stand up to a major corporation and demand accountability for discriminatory treatment.

Practice area(s): Civil Litigation, Constitutional Law

Court: Marion County and US Southern District Court

Mark Nicholson

Mark Nicholson

Why is Indiana criminal defense and personal injury attorney Mark Nicholson called the Battery Man? Because his first criminal jury trial was a battery case. The case was called the Big Buford Battery case. They charged his client with throwing a big Buford sandwich at the manager through the drive-thru window. Then, his client went through the drive-thru window and allegedly battered the manager. It was all captured on video.  The verdict: Not Guilty! His first personal injury case was a car accident. He views car accidents as a form of battery. One car hitting (battering) another, although generally unintentional.

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