A self-admitted shoplifter in Portland is suing a grocery store after an employee stopped him mid-theft, setting up a case that underscores the growing tension between crime, order, and liability in one of America’s most leftist cities.
Joshua Merkel, 45, filed a $10,000 lawsuit against Albertsons and a store employee after attempting to steal a cart full of groceries in March 2024. Merkel openly admitted in court that he had no intention of paying for the items, telling jurors, “I understand I was committing a crime.”
Now, he’s arguing the employee who stopped him went too far.
The incident unfolded at a Southwest Portland Albertsons, where Merkel loaded up a shopping cart with food and walked out of the store without paying, according to court records. The lone employee working the register, Matthew “Deme” Cooper, chased him into the parking lot and confronted him.
What happened next escalated into a physical altercation that left Merkel with a fractured jaw and other injuries. But when prosecutors attempted to charge Cooper with second-degree assault, a charge that carried a potential six-year sentence, a jury took less than two hours to acquit him, rejecting the claim that his actions rose to criminal conduct.
Despite that acquittal, Merkel is now pursuing the case in civil court, claiming the employee used excessive force and seeking damages for medical bills and what he describes as “mental anguish.”
Merkel’s own testimony undercuts much of his claim. He admitted to planning the theft, loading up items in the cart with his girlfriend, and leaving the store without attempting to pay, despite having money on him at the time.
While Merkel said hunger motivated the theft, during the criminal trial, defense attorneys argued he was selecting higher-value items, including T-bone steaks, with the intent to trade them for drugs. Merkel himself acknowledged that he has used methamphetamine on and off for roughly a decade, though he denied that it was his motive in this case.
The civil lawsuit lands as Portland continues to grapple with soaring retail theft. Monthly shoplifting reports in the city in 2026 have more than doubled since 2023, according to local police data.
Reported Crime Trend Report via Portland Police Bureau
Critics say the civil lawsuit reflects a broader trend in liberal jurisdictions, where criminals increasingly attempt to leverage the legal system against those who stop them — turning victims and bystanders into defendants.
“Crime should not pay,” said O.H. Skinner, executive director of the Alliance For Consumers (AFC). “This lawsuit in Oregon is exactly the kind of situation we have been warning about. A self-admitted shoplifter should not be allowed to sue the Albertsons security guard who stopped him.”
“But this is the exact kind of lawsuit trial lawyers use for a big payday,” Skinner added. “They can then use this payday to enrich Democratic allies through the Shady Trial Lawyer Pipeline and push political agendas outside of the legislative process.”
The case also raises practical questions for businesses already struggling with theft. The situation has contributed to a wave of store closures across Portland, including the Albertsons location where the incident occurred, which permanently closed in July 2025. Many retailers instruct employees not to physically intervene in shoplifting incidents to avoid legal risk, even if it means allowing merchandise to be stolen.
Merkel’s lawsuit tests the limits of that approach, raising the question of whether someone caught in the act of committing a crime can successfully claim damages for how they were stopped.
The case is currently pending in Multnomah County, with no court date yet set.
