Oregon man files lawsuit against store after alleged assault during shoplifting attempt

An Oregon man who attempted to shoplift from a Portland grocery store two years ago has filed a civil lawsuit against the store and the security guard involved in the incident.

Joshua Charles Merkel, 45, filed suit in Multnomah County Circuit Court on March 2 against Albertsons and its security guard, seeking $10,000 to cover medical expenses and mental anguish after leaving the store with unpaid merchandise on March 4, 2024.

The complaint accuses Albertsons of negligence in selecting and training its employees, including the security guard.

This civil suit follows a criminal case where Albertsons employee Matthew “Deme” Cooper, 31, was acquitted of an assault charge related to the incident. Cooper was found not guilty of second-degree assault after being indicted in September 2025.

During the criminal trial, Merkel acknowledged his wrong actions but claimed that the response was excessive. Merkel was charged with third-degree theft in October 2024, and the case remains unresolved.

Merkel testified that he had money but never intended to pay for the items he took from the store. Cooper reportedly chased Merkel through the parking lot, leading to a physical altercation resulting in Merkel’s injuries.

Medical records showed Merkel received treatment for a shattered jaw and a black eye following the incident.

Attempts to contact Merkel and his attorney, as well as comments from Cooper and Albertsons officials, have been unsuccessful.

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