Oregon Shoplifter Files $10,000 Lawsuit Against Albertsons Clerk Following Acquittal in Violent Parking Lot Confrontation

Joshua Merkel sues clerk Matthew Cooper for $10,000 following a 2024 shoplifting fight. The lawsuit follows Cooper's acquittal in a Portland assault trial.

By: AXL Media

Published: Apr 8, 2026, 5:11 PM EDT

Source: The information in this article was sourced from The Oregonian

The Transition From Criminal to Civil Litigation

An Oregon man who admitted to stealing groceries has filed a civil lawsuit against the supermarket employee who allegedly intercepted him with physical force. Joshua Merkel is seeking $10,000 for medical costs and emotional distress after a 2024 encounter at a Southwest Portland Albertsons resulted in a fractured jaw and other facial injuries. The lawsuit follows a high profile criminal case where the clerk, Matthew Cooper, was found not guilty of second degree assault. Prosecutors in that trial had argued that Cooper’s response to the non violent theft exceeded the bounds of self defense, particularly since the physical altercation occurred outside the store’s premises.

A Run of the Mill Theft Turns Violent

The incident began around 10 p.m. when Merkel loaded a shopping cart with assorted food items and exited the store without offering payment. Surveillance footage captured Cooper, who was the sole cashier on duty at the time, pursuing Merkel into the parking lot. While the video only partially depicts the ensuing struggle, medical records indicate that Merkel required emergency room treatment for severe facial trauma the following day. During his testimony, Merkel admitted to the crime but asserted that the clerk’s reaction, which allegedly included body slamming him and multiple kicks to the head, was an extreme overreaction to a petty theft.

Conflicting Motives and Character Defense

During the criminal proceedings, the defense successfully focused on Merkel’s credibility and personal history to justify Cooper’s actions. Defense attorney Jason Steen rejected the narrative that Merkel was stealing out of desperate hunger, suggesting instead that the plaintiff intended to trade high value items, such as T-bone steaks, for illegal substances. Although Merkel acknowledged a history of drug use, he maintained that his primary motivation was obtaining food. The jury ultimately deliberated for less than two hours before acquitting Cooper, suggesting a level of public sympathy for retail workers tasked with protecting property in high crime environments.