PORTLAND, OR — An Oregon man accused of shoplifting has filed a lawsuit against a grocery store clerk, claiming he suffered serious injuries after a confrontation escalated outside a store in Portland.
Lawsuit Filed After Assault Case Ends in Acquittal
Joshua C. Merkel, 45, is seeking $10,000 in damages, alleging medical costs and emotional distress following the incident at an Albertsons location in southwest Portland in March 2024.
The civil lawsuit comes months after store clerk Matthew “Deme” Cooper, 31, was acquitted of second-degree assault charges tied to the same encounter.
What Happened Outside the Store
According to court filings and testimony, Merkel filled a shopping cart with groceries and left the store without paying, despite having money on him.
Surveillance footage shows Cooper chasing Merkel into the parking lot and attempting to stop him. The video captures part of the altercation, including an apparent punch, but much of the physical confrontation occurred off-camera.
Merkel later claimed the situation escalated dramatically, alleging he was:
- Knocked to the ground
- Kicked multiple times in the face
- Left with a fractured jaw and black eye
He sought medical treatment at a hospital the following day.
Conflicting Accounts in Court
During the criminal trial, Merkel admitted to stealing but argued the clerk’s response was excessive.
“I know I shouldn’t have done it… but it went way too far,” he testified.
Cooper did not testify, but authorities said he told police the incident involved a struggle over the shopping cart fueled by adrenaline.
Defense attorneys questioned Merkel’s credibility, suggesting the theft may have been linked to drug activity rather than hunger. Merkel acknowledged past drug use but denied that claim.
Jury Sides With Clerk
Prosecutors argued the case was about excessive force, not Merkel’s character. However, a jury deliberated for less than two hours before finding Cooper not guilty.
Rising Shoplifting Cases in Portland
The case comes amid a sharp rise in retail theft reports across Portland.
According to police data:
- Shoplifting reports increased from under 3,000 in 2020
- To more than 10,300 cases in 2025
Officials say improved reporting systems and cooperation with retailers contributed to the spike, though theft remains a growing concern.
Broader Debate: Safety vs. Property Protection
Security experts say the incident highlights the risks of employees confronting suspects.
Many advise retail workers to avoid physical intervention, emphasizing safety over merchandise recovery.
Meanwhile, the Albertsons store involved in the case has since closed permanently, though it’s unclear if theft trends played a role.
What’s Next
Merkel’s lawsuit is currently pending in court, with no trial date set. The case may proceed to arbitration.
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