PA. County detective sues security guard, claiming he was falsely accused of candy theft
WILKES-BARRE PA Jan 27 2019 — A Luzerne County detective has filed a lawsuit against a security officer and the company he works for, after the detective said he was falsely detained on an accusation that he stole a candy bar from a grocery store.
The suit was filed by Det. Charles Balogh through his attorney Frank Tunis on Friday.
It names Legion Security Services Inc. and Aldi, saying he was “falsely, publicly, and maliciously” accused of theft by a security officer at the store.
The incident occurred Jan. 17, 2018, at Aldi, 481 Pierce St., Kingston, according to the filing.
Balogh claims he was “unlawfully stopped” by security officer John Barton, who is also named as a defendant in the suit. Barton accused Balogh of stealing a candy bar “without any probable cause or reasonable belief that any such theft had occurred.”
The lawsuit indicates Barton is an employee of Legion Security and was working as a security officer that day at Aldi.
Balogh said Barton compelled him to submit to a search of his clothing and person for the “alleged purpose of discovering said property falsely claimed to have been stolen by (Balogh).”
Balogh claims he told Barton he did not steal any candy bars or anything else, demanding to be released. But Barton allegedly refused to release Balogh, continuing his “unlawful seizure, holding, detention and/or imprisonment of (Balogh).”
The suit suggests Barton threatened Balogh with prosecution for the alleged theft.
Eventually, Kingston Police Officer Michael Haley was dispatched. The suit says Haley confirmed Balogh did not steal any merchandise from the store.
Further, surveillance footage reviewed by Haley “confirmed and revealed that there was absolutely no probable cause” for Barton to detain Balogh, according to the filing.
Instead, the plaintiff claims the footage shows that Balogh walked directly down the middle of the shopping aisle without approaching any of the display racks, let alone concealing any merchandise.
The suit claims Barton made up the entire story “for some reason,” but does not suggest what Barton’s alleged motives would be.
Balogh is seeking compensation from all the defendants named for allowing Barton’s alleged illegal detainment, saying Aldi and Legion Security are “vicariously liable.”
The detective is also seeking additional compensation specifically from Aldi and Legion Security, claiming they failed to “exercise responsible care in selecting, supervising, training, retaining and/or controlling” their employees.
Barton, Balogh alleges, has unlawfully stopped other customers in the same way, and the suit suggests Legion Security and Aldi should have done something to put a stop to his conduct.
Balogh is seeking an unspecified amount of compensation.
When reached for comment, he directed a reporter to speak with Tunis. However, Tunis did not immediately respond.
Times-Leader
