Conflict with Mall Security

In a bizarre series of events, I was arrested by mall security for alledgedly attempting to run over a security guard (NOT!) while picking up my 15 yo daughter and friend from a movie at midnight. The charge will probably be dropped-- we are still working on that. I think the guard was just angry at me and wanted to hassle me. I have spent a lot of money and had many sleepless nights about this. I have missed work because of court. I was locked up nearly 3 days in the Memphis, TN jail, one of the worst in the country. I am thinking about suing the guard, his supervisor, the security company, the movie theater, and the mall to recover my legal expenses and lost time (I am a professiona-- I make $100 per hour or so). Any thoughts? Is this a case?

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Memphis Shrink:
In a bizarre series of events, I was arrested by mall security for alledgedly attempting to run over a security guard (NOT!) while picking up my 15 yo daughter and friend from a movie at midnight. The charge will probably be dropped-- we are still working on that. I think the guard was just angry at me and wanted to hassle me. I have spent a lot of money and had many sleepless nights about this. I have missed work because of court. I was locked up nearly 3 days in the Memphis, TN jail, one of the worst in the country. I am thinking about suing the guard, his supervisor, the security company, the movie theater, and the mall to recover my legal expenses and lost time (I am a professiona-- I make $100 per hour or so). Any thoughts? Is this a case?<HR></BLOCKQUOTE>

My response:

Well, here are my thoughts. How could we possibly know whether or not you have a good case? The vast majority of your post is mere "venting" and how you spent time in jail.

However, insofar as the facts of your potential claim goes, you have devoted only one sentence:

"I was arrested by mall security for alledgedly attempting to run over a security guard."

Those are all the "facts" we have, along with your denial of the same.

Talk to an attorney. But, when you do, and you're on "the clock", my suggestion is to make sure you skip all of the venting, and get straight to the facts. Otherwise, it's really going to cost you.

IAAL


------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited June 14, 2000).]

So -- let me try again to be clear. The aggravated assault charge the mall security guard brought against me was an act of anger on his part-- I did not in any way assault him with my vehicle. I think he was intentionally trying to damage me by bringing about this false charge. As a result of his false charge, I have had to spend a couple of thousand dollars defending myself against this false charge. I have lost a couple of dozen work hours (another couple of thousand dollars) having to make court appearances. I have not been able to sleep some nights due to anxiety and I have gotten into psychotherapy to help me cope with the distress of being falsely accused. Since he did this while performing his duties as an employee of the mall security, I think that he and his employers (the security company, the movie theater and the mall itself) should be liable for reimburing me for my lost income and legal fees. What sort of case would this be? And how does one go about getting compensation in false accusation cases?

To see if you really have a case requires meeting with a local lawyer and sitting down to discuss the facts. What you present for this board does not make out for a great case - but we don't know much. So meet with a lawyer in your area and let us know what you learn.