Reference no: EM1363010

Kirk went to "Togs to Go" to return a shirt for which he did not have a receipt. While attempting to convince the clerk to accept the return, he became quite agitated. When he began to raise his voice, the clerk called security. Mr. Brander, the store's new security guard, arrived and told Kirk to leave the store. Kirk began to walk toward the door without protest, but Mr. Brander grabbed Kirk's upper arm and insisted on escorting him out. On their way to the door, Mr. Brander said loudly, and within earshot of other customers, "You probably stole the shirt, and you're lucky I'm not going to charge you."

When they reached the door, Kirk pushed Mr. Brander away, presumably wanting to leave the store unassisted. Mr. Brander's reaction was swift and violent. He put Kirk into a headlock and punched him in the kidney area. He then escorted Kirk to a room at the back of the store where Mr. Brander refused to let him use the phone. Four hours later, Mr. Brander finally called the police. Kirk was eventually released.

The store manager phoned Kirk to apologize for the actions of his overzealous security guard, but Kirk feels humiliated and wants to take legal action.

Explain Kirk's options and the legal arguments available to both sides. What is the likely outcome?