So long as the son was trying to detain them or recover the stolen merchandise there is no right of self defense. Only if he simply started attacking them could they defend themselves.
You can detain a thief. Not exactly recommended for safety reasons, but legal.
You're grasping at phantom straws here. "Adult" = 18+. Drinking age = 21+. It's quite common for adults to have fake IDs to buy alcohol.
Per one of the other articles, the college representatives asked Gibson's to refer the shoplifting accusations to the college for internal disciplinary action, but Gibson's refused. This is how they portray it:
“Gibson’s loses thousands of dollars a year due to stolen merchandise and such losses would certainly multiply if students learned they could steal without repercussion,” the lawsuit states. “David Gibson believes the policy would be inconsistent with his core belief that an educational institution of higher learning should be teaching its students not to commit robbery and theft, instead of sheltering and excusing that criminal activity.”
Given this and other background from Gibson's lawsuit, it sounds to me like there HAS been a long-standing problem between this bakery and the students at Oberlin. Again, hard to tell if it is racially motivated, but it definitely seems like Gibson's assumes the worst about Oberlin and its students.
Doesn't make them in the wrong. It does support the notion that the college is trying to sweep this under the rug, though. Colleges should not be trying to take over punishment in criminal matters!
So Gibson is pissed off that Oberlin has cancelled their long-standing bakery order - something Oberlin is well within their right to do for ANY reason - and retaliates by suing the college and the new vice president for $200,000.
Sounds like more of a financial shake-down to me.
Yeah, it sounds like a shakedown--by the college.
I am a Security Professional... In the State of New York (only set of laws I am familiar with on this topic), Loren is correct about what is permissible and appropriate, and Raven is wrong.
It's called a Citizen's Arrest, and physically detaining a person is lawful. If it turns out no law was broken and there was no justification for detaining a person, then that implies any of assault, kidnapping, wrongful imprisonment, and even slander.
Want to make a "quick" $50,000?
go to Walmart.... trick security into thinking you stole something... look suspicious... be black (just kidding)... then, as you leave the store, if security attempts to speak with you, call the security person an asshole or some other non-racial insult to get them angry and then run half-heartedly away (so hopefully he catches you on their property).. struggle... make him drag you kicking and screaming into the store... say things to get him to call you a thief in public...
Your resulting lawsuit for assault (if they touch you), kidnapping (if they pull you into the store) wrongful imprisonment (if they detain you there), and libel (if they imply you stole such that other customers hear them) will settle out of court for around 50k.