Kajander

*638 MEMORANDUM ***

The plaintiff, Sonja Kajander, was arrested for shoplifting, assault and two drug-related charges by the Phoenix Police Department on January 11, 2001. During her encounter with the police, her left arm was broken. She brought this lawsuit alleging constitutional violations pursuant to 42 U.S.C. § 1983 and various state tort claims against Fry’s Marketplace, Inc., the City of Phoenix and two individual police officers, Officers Codding and Stimac. The plaintiff settled with the store, and the district court dismissed certain claims as to the City of Phoenix and Officers Codding and Stimac and granted summary judgment in their favor on the remaining claims. The plaintiff now appeals the district court’s grant of summary judgment as to the false imprisonment and 42 U.S.C. § 1983 claims. We reverse the district court’s grant of summary judgment as to the false imprisonment claim and affirm as to the 42 U.S.C. § 1983 claim.

On January 11, 2001, the plaintiff entered Fry’s to return a bottle of vitamins. After being advised that she could only receive store credit for the vitamins, Kajander walked through the store and selected various items, placing a number of…

concurring:

I concur in the result of the reversal of the false imprisonment claim and fully concur in the affirmance of the 42 U.S.C. § 1983 claim.