Is it possible to file suit against a security guard for excessive use of force?
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Is it possible to file suit against a security guard for excessive use of force?
At a concert I was involved in a verbal altercation between myself and two other people. When seeing this the security guard proceeded to come from behind me and grab my arm behind my back in a twisting motion. He continued to crank on it until pain radiated through my shoulder. I asked him to cease and he did not. I was removed from the concert and the next day I awoke to find a severe pain, and joint popping occurring. I am seeking compensation for any injury that I may possibly need surgery for.
Asked on August 1, 2011 Ohio
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Here is the scenario from a defense attorney's perspective. You attended a concert of your own free will and you get into a verbal altercation with two other people. The Security Guard's job is to protect others and you from yourself. So, he was indeed doing his job and if that required you to be forcefully removed, there really isn't much you can do to sue him. If you choose to sue and he shows he was doing what he can do within the course and scope of his job and it is not excessive (I don't see excessive here), then the case will most likely be dismissed and you will be left with the legal fees for yourself and for him, should he sue you for legal fees. Think about the events that happened leading up to the incident and every detail after that. Write it down and think about it. If you were in any way intoxicated (think not sober), the defense counsel will use that as a weak spot to attack your case and your character.
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