Family Sues Wal-Mart, Police for ‘Goonish’ Over-Reaction to Suspected Theft

Jodi Kozma just wants a bouquet of flowers and an apology.

Wendy and John Kozma of Novi think retail giant Wal-Mart and the Livonia Police Department owe their special needs daughter a bit more than that, according to a civil rights lawsuit filed recently in U.S. District Court. In it, the Kozmas said Jodi, 25, was accused of shoplifting, wrestled to the floor by police, handcuffed and detained – even though she had a receipt that showed she had paid for a 30-pack of hair ties and stickers.

In an interview with the Detroit Free Press, the Kozmas said they’ve taught their daughter, who has the mental capacity of an 8-year-old, to respect police.

Now, they said, she’s terrified of them.

“If she were ever lost or stranded, we always taught her to turn and look for police. All of that has been completely destroyed,” her mother said. “I know that this has traumatized her. I want it to go away.”

The lawsuit stems from an incident on Aug. 3, 2012, when Jodi was shopping with her grandmother. Store security officers said surveillance video showed her concealing items in a purse hooked to the waistband of her pants. When Wendy Kozma arrived, she said her daughter was catatonic and restrained in handcuffs. When she searched her daughter and no stolen items were found, police let her go.

The lawsuit said Livonia police were dispatched “in a SWAT-like approach, parking the cruisers on the sidewalk directly in front of the store doors” after a store employee called to report the alleged theft.

The Kozmas said both store security and Livonia police knew their daughter was a special needs individual – a fact the employee who called police confirmed in the phone call – but did not treat her accordingly.

The Kozmas filed a citizens complaint against the police department the same day as the incident, but Police Lt. Francis Donnelly said in a letter to the family that the actions taken were for Jodi’s protection.

“In order to make the situation safe for all parties involved, the decision was made to handcuff your daughter, who was initially compliant, but then began to struggle. Officers used the minimal amount of force necessary to gain control and handcuff her. There was no indication that your daughter was injured when she was detained,” Donnelly wrote in the Sept. 18, 2012, letter. “I have reviewed both video and audio recordings of the incident and find no evidence of unprofessional behavior or excessive force on the part of our officers. Based on my investigation, I have determined that your complaint against our officers is unfounded.”

Wal-Mart did not comment on the lawsuit when invited to do so by the Free Press, but issued a statement:

“First and foremost, a cornerstone at Wal-Mart is respect for an individual. We expect all of our customers to be treated with dignity and respect, regardless of the situation. Based on the information that we have (about the Kozma case), we believe our associates acted appropriately and followed protocol.”

The Kozmas’ attorney, Deborah Gordon, disagrees with both assessements, saying both the Wal-Mart and Livonia police officers  “over-reacted in a goonish way.”

“We’re not talking about a (stolen) gun or a plasma TV or cash. We’re talking hair ties. And it turned out she didn’t have anything,” Gordon told the Free Press. “Instead of everybody taking a deep breath and telling the grandmother, ‘Would you mind sitting in a chair here and wait for her mom,’ they’ve gotta do their ramped-up Rambo crap.”

The lawsuit, in which the Kozmas seek an unspecified amount of financial damages, was initially filed in Wayne County Circuit Court, but Wal-Mart asked that it be moved to federal court.