Pepper Spray Assault?

[zecawip]

On Sunday night, I got into an argument with a co-worker at a bar. I openly admit that I was very intoxicated and was not going to drive home. I then had called my sister and was walking down to the local convenient store to wait for her to get there. On arriving at the convenient store, the clerk and I got into a verbal argument and he asked me to leave as I tried to explain it was freezing cold outside and I was just trying to wait for a ride and stay warm. I then walked outside, waited for a few minutes and went back inside to try to make some sort of apology. Immediately on re-entering the clerk pointed a can of pepper spray in my face and emptied the entire can on my upper body and face. He called the police and they arrested me on a previous FTA but I was not charged with any crime. It is now 2 days later and I can barley see what I am even typing. Do I have any legal action or civil case? I feel like this has to be assault but my parents aren't really helping me. I feel I need to do something soon because I know the store has the surveillance footage and I think it will help me make my case that this was beyond necessary. The lasting effects from the spray are still prominent now 48 hours later. From what I read about pepper spray and mace is that is shouldn't last longer than 6 hours generally. This leads me to believe that this was probably some foreign product that is also illegal. I just don't see how someone can mace someone else over those circumstances, when I never tried to hurt him or threaten him.

 

[mightymoose]

You need to speak with a personal injury lawyer to get some guidance. The clerk/store could be responsible for any medical bills you incur. Without more of a direct threat the clerk should probably not have sprayed you and should have just called police (you were loitering). However, you admit you were "very intoxicated" so who knows what threat the clerk might have perceived. Had you not been drunk this would be easier to sort out, but as it is, nobody is likely to believe that you were as innocent as you say.