Plaintiff files amended complaint in Wal-Mart malicious prosecution suit

Amelia Flood Feb. 3, 2010, 7:00am

The plaintiff in a suit stemming from her arrest for allegedly failing to pay for pajama pants and coasters at the O'Fallon Wal-Mart store has filed an amended complaint.

According to an order signed in December, Denise Macon had 21 days to file her amended complaint in the case.

Wal-Mart and store security officer Barbara Jean Franklin have asked that Macon's suit be dismissed.

The amended complaint, filed Jan. 22, alleges that Wal-Mart and Franklin maliciously prosecuted Franklin for what she claims was an honest mistake.

According to her amended and original complaints, Macon was at the O'Fallon Wal-Mart on Oct. 14, 2007 for the purpose of purchasing several things including a can of coffee, pajama bottoms and coasters.

When she went to pay for the items, she forgot to pay for the pajama bottoms and coasters because they were under her purse, she claims.

After she left the store, she claims Franklin jerked her arm in the parking lot and stopped her.

After reviewing the receipt, Franklin found that Macon had not paid for the coasters and pajama pants and that the cashier had not scanned the coffee.

Although Macon offered to pay for the items, Franklin accused her of shoplifting, called the O'Fallon police and swore out a complaint.

Macon stood trial later that year for misdemeanor shoplifting and was acquitted.

Her suit seeks damages in excess of $50,000 per count and costs.

St. Clair County Circuit Judge Michael O'Malley is presiding.

Macon is represented by James Parrot of St. Louis.

The defendants are represented by James Bas of Swansea.

The original complaint was one of two filed Sept. 30, 2009 over incidents at the O'Fallon Wal-Mart.

The case is St. Clair case number 09-L-510.

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