Takeaway: Like several other states, Texas has a citizens participation act that permits a party to seek early dismissal of a legal action that is based on or in response to that party’s exercise of the right of free speech. Walgreens was able to use the statute to obtain dismissal of a customer’s claim that its employee wrongfully accused her of shoplifting.
A customer was shopping in a Houston Walgreens in 2019 when she was detained in the store on suspicion of shoplifting. The Walgreens employee who called the police suspected that the customer was the same person who had stolen from the store earlier that day. After reviewing surveillance video and determining that the customer was not the thief, the police released her. The customer claimed that the other Walgreens workers in the store had agreed that she was not the thief, but the employee called the police anyway.
The customer sued Walgreens for intentional infliction of emotional distress; negligence; gross negligence; vicarious liability for employee negligence; and negligent hiring, training, and supervision (NHTS). Walgreens moved to dismiss the entire lawsuit under the Texas Citizen Participation Act (TCPA), arguing that the customer’s claims were based on the employee’s alleged false report to the police, which is a communication made in connection with a matter of public concern and is therefore protected under the act. The trial court denied the motion.
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