Store security assault

[Dpenrod]

Jurisdiction

Arizona

I was at a bus stop and this guy behind me suddenly started screaming for help, three guys were grabbing him trying to drag him across the street. So of course I ran over and tried to pull him away from the other guys. Two of the guys on him punched me and pinned me down while the third guy dragged the victim off across the light rail tracks and across the street. I did not punch anyone, when they pinned me I realized they were from the El Ranch Market across the street. They told to stay out of it and left me on the floor to follow the other guy. I called the cops and told them this guy was basically getting kidnapped. They came and arrested Me and charged me for Assault! They also arrested the victim guy who probably shoplifted, But I legitimately didn't hurt anyone I was just pulling at the victim to get him free of those guys and they punched Me. Can't I file suit against the store or the employees for assaulting me??

 

[zddoodah]

Can't I file suit against the store or the employees for assaulting me?

Anyone can sue anyone for anything.

Is this really the only thing you intended to ask?

 

[mightymoose]

An awkward situation for sure.

As you tell it there likely will not be sufficient evidence to proceed with any charge against you. Time will tell. You will have to wait for the DA to review it.

Did you receive any injury?

If you want you can speak with a personal injury attorney (even if you don't have a physical injury). There is likely some civil action that can be taken against the store or the employee who assaulted you. What you describe was way out of line.

 

[shrinkmaster]

I am a Retail theft consultant and answer questions like yours daily. Yes it appears the store staff exceeded any policy on "force" store might have. If you were injured see a Doctor right away then a Lawyer.

 

[army judge]

Can't I file suit against the store or the employees for assaulting me??

Of course you can bring a lawsuit against those brutes who battered you.

Anyone can sue any other person for any perceived slight, no matter how small.

You have the RIGHT to sue, because a right without a remedy is no right at all.

The 7th amendment to the constitution reads in part:

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Go get 'em, tiger.

 

[Dpenrod]

Well I wanted to verify it whether it would be worth pursuing, and whether I should be pressing against the individuals or the store itself?

 

[army judge]

Well I wanted to verify it whether it would be worth pursuing, and whether I should be pressing against the individuals or the store itself?

The store has the deep pockets, but the brutes were agents of the store.

Sue them all, let the judge sort it out.

Sue for your medical bills, the pain you're suffering, the headaches, the blurred vision, the sleepless nights you're suffering, the fear every time you see ANYTHING associated with that store, how the ads on TV of the store make you quiver and shake with fear of beatings, etc...

 

[zddoodah]

Well I wanted to verify it whether it would be worth pursuing, and whether I should be pressing against the individuals or the store itself?

Any intelligent assessment as to whether something is or isn't "worth pursuing" obviously requires having all available information about risk/cost versus reward. The reward of a lawsuit is a judgment, which gives you the right to $$. How much $$? I can't tell based on your original post. However, you seem to have suffered no serious injuries (by "serious" I mean something that required you to seek and obtain medical care). Therefore, you seem to have no actual monetary damages, which means all you can hope to recover are nominal damages and punitive damages. How much you might be able to recover in punitive damages is anyone's guess.

However, there's nothing in your post that compels the conclusion that you would win if you were to sue. You willingly intervened in a physical altercation that didn't concern you. In doing so, you took the risk that (a) you would become injured yourself, and (b) that you would be intervening on the wrong side. Keep in mind that the people involved probably viewed you as an attacker yourself and might legitimately claim that any battery against you was committed in self defense. How this would play out in court is anyone's guess.

Given the apparently lack of monetary damages and the potential weakness in your case, I'm guessing you'll have a hard time finding a lawyer willing to file suit on contingency. You might, however, be able to find one who will send a demand letter, and you might get some sort of nuisance offer from the store.

By the way, the 7th Amendment to the U.S. Constitution would have no application here since it only applies to lawsuits filed in federal court, and there would be no basis to file in federal court in a situation like this.