Ex-Walmart Employee Seeks $5 Million For False Imprisonment And Racial Discrimination

DETROIT, July 1, 2014 /PRNewswire/ -- Jametta Payno, 28, a resident of Niles, MI, has filed suit in the Federal District Court for the Western Division of Michigan claiming $5 million in damages for false imprisonment and racial discrimination.  Joined in the lawsuit as defendants is the Berrien County Sheriff's Department. The case is Payno v. Wal-Mart et al., Case No. 1:14-cv-00677.

As documented in the lawsuit, the incident arose when a woman other than Payno was approached by theft prevention at Wal-Mart's location in Niles, MI, for attempting to steal a cart full of merchandise on January 18, 2014.  According to the police report, the woman was caught attempting to flee the scene and provided several false stories until ultimately identifying a Caucasian former manager and "the fat black girl at the register" as her accomplices.  Payno was identified as "the fat black girl."  Payno, who was working at the time, was not called into the office for questioning.  Instead, according to Payno, at 1:00 a.m. that evening, she was arrested at her home, handcuffed and carried to the Sheriff's office for fingerprinting and photographs on the charges of retail theft and embezzlement. Charges were not pursued against the former manager.

The complaint alleges Payno asked that Walmart look at the videos at her work station to exonerate her.  They did nothing.  The embezzlement charge, which was without foundation, made it so that Payno could not make bond but had to linger in jail.  Payno was held in jail for two nights.  When Payno was finally brought before a judge no mention was made of the embezzlement charge.  Payno refused to plead guilty to the charge of retail fraud. The case was set for trial and on that day she was told by the Court that all the charges were dismissed.

Walmart fired her.  Payno says she sought out other employment but was denied after a background search showed these charges.  Additionally, her arrest record is easily obtainable through an internet search with no evidence that the charges were dropped. 

Walmart does not have a union for its employees so Payno could not file a grievance.

Payno, who wants to become a nurse, is fearful that her future has been forever compromised by this blemish on her record.

Bruce Miller, Payno's attorney, said that Walmart showed no respect towards Payno and they and the Sheriff's office should be held responsible for their conduct.

SOURCE Miller Cohen, P.L.C.