Did you REALLY read the article?
The victim states he was "grabbed by the neck and dragged" right in the article and has marks on his neck to prove it.
The assault is described in detail.
Man tackled by concert security over eCig
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Did you REALLY read the article?
The victim states he was "grabbed by the neck and dragged" right in the article and has marks on his neck to prove it.
The assault is described in detail.
odds are, the security guard was bully in school ... they all grow up to become over reaching concert security or door men ... some even become cops.
They have rules against lawn chairs with extended legs too. But that doesn't mean they can tackle you, grab you by the neck and drag you down the hill if you have one. An assault very much took place but these incidents are rarely ever prosecuted. Security guards are supposed to be professional. Not act like the hired goons that many are.
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It's assault because he didn't have what they thought he had and they injured him without bothering to find that out.
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yes if one is wrong in the first place.
in the absence of being wrong what have you got?
regards
mike
Well, if I get dragged, humiliated, & tackled for vaping at a concert, I'll probably get belligerent too.
? We're discussing this specific incident. They were wrong about what he had.
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They were obviously wrong.
You don't get to assault someone and say "oops".
The guards were wrong and possibly committed a felony.
Definitely grounds for a lawsuit so a judge can determine liability.
I think you know this.
There is also grounds for a criminal investigation, however I doubt the cops or DA will persue unless there is a lot of public outrage, which I doubt there will be.
(Discretion of the DA is how cops get away with not being charged when they get caught committing crimes)
Id still sue.
Wouldn't them get away with that, but I'm old school, and I value my right not to be laid hands on.
There won't be any outrage because only a local Country station reported it.They were obviously wrong.
You don't get to assault someone and say "oops".
The guards were wrong and possibly committed a felony.
Definitely grounds for a lawsuit so a judge can determine liability.
I think you know this.
There is also grounds for a criminal investigation, however I doubt the cops or DA will persue unless there is a lot of public outrage, which I doubt there will be.
(Discretion of the DA is how cops get away with not being charged when they get caught committing crimes)
Id still sue.
Wouldn't them get away with that, but I'm old school, and I value my right not to be laid hands on.
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Security did NOT have the right to tackle the person to the ground, citing the fact that the article status multiple guards were involved would be a tremendous case for excessive force. Mistakes happen all the time, this time a mistake was made that violated someone for the wrong reason.
What you think and what is legal fact do not seem to coincide.
It can be construed as assault when the reason for the removal is proven to be invalid and force has been used by any person without the authority to do so. Just because you think you're doing the right thing does not give you the legal authority to break any law, Example: If you were walking down the street and thought you saw someone who was wanted for many crimes and had been put on the news with a picture but you were in fact mistaken and tackled an entirely innocent person you would be open to any legal recourse the guy you tackled wished to pursue, you are not forgiven in the eyes of the law simply because you made a mistake, he can file assault charges on you without any problem.
Because security appears to be at fault, Just because they think something is out of line according to the rules/laws does not give them a legal right to decide what amount of force to use.
And security was mistaken, acted too quickly and will now have to sit back and see if any legal actions will come their way.
Being mistaken itself is not, the actions you make after being mistaken can certainly become a criminal offense, I'm sure crimes start with mistakes sometimes...
Thankfully our legal system isn't up to what you think it "looks like".
You've made your bid at derailing this thread, now move along.
again i ask you,what assault?
the OP said the guards thought he had laser pointer,
grabbed him and removed him.
regards
mike
Many couldn't make the cut.
Many are ex military who can't shake the mindset of war.
During active tour, a soldier must assume anyone not in uniform to be a potential threat.
This is in order to stay alive.
They are trained to think this way for survival.
They return and get jobs in security and law enforcement.
with injury's like that he'll be lucky to get
back his cost of admission.
regards
mike
wait a second.
i haven't derailed anything.
i have just offered a reasoned opinion
on why its not illegal for a security guard to lay
hands on you as someone implied in an earlier post.
the idea that if a security guard lays hands on you
is a criminal offense in and of itself is absurd.
that's how all this got started,remember.
regards
mike
As much as I don't want to admit it, you're probably right. The venue most likely has some corporate powerhouse lawyers that could postpone and drag on the case hoping the guy doesn't have the money for constant legal representation. "Luck" in the legal world depends on how ...... you are and how much money you have. Could you sue the venue and win? Probably. Does it make monetary sense to do so? Probably not.
You asked.
Note: clearly states they may NEVER use, no circumstance exists in which a security guard can use excessive force. The fact that they had multiple guards on the guy and he has visible skin abrasions screams excessive force.
Probably, but what did you do. The perpetrator always does nothing. I would be surprised if he was just vaping that caused it.
You get pulled over and have a gun, illegal substances and 7 warrants for your arrest. When the officer asks you, you say. Why did you pull me over I didn't do anything wrong. Of course there are exceptions but they are rare.
You are correct. Nobody has made that argument.
It is assault if a security guard mistakenly tackles and hurts you. Good intentions are not a defense against assault. Being a security guard for Kid Rock does not give you immunity from criminal prosecution if you mistakenly tackle and hurt someone.
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