I’m willing to bet that this manager had a conflict between the corporate policy of allowing shoplifters to escape and his obligation to reduce shoplifting losses in order to earn bonuses and maintain his ranking within the corporation to feed his family. I’d be suing Kroger one way or another if I was him.
Yeah, the criminal will sue. Kroger is hoping to head that off. Shoplifters are usually spoken to but not apprehended if they resist. One possible exception is alcohol. Kroger can be sued for what the shoplifter does with the alcohol.