civil suit aginst the police?

[crash12884]

What is the name of your state (only U.S. law)?montana

I was involved in an incident recently
I was playing in a poker game where a player not fond of me was losing... after one hand he stood up and tryed to get me to go outside and fight him. i said no and nothing was done at the bars end to stop this... few hours passed he had been basically at my throat all night... when i decided to leave i racked up my chips and he came around the table and grabbed a hold of me and started shaking me... my buddie stepped in to attempt to break it up and all 3 of us went to the ground... it was then broke up by the bartender... this is where it gets interesting... the 2 of them were seperated and somehow went back at it again... police were called as the poker player had suffered a gash in his head when he went down to the ground... the police wrote my buddie a ticket for assault saying he went back after him when it was all broke up... a little background here the cop is and has been friends with the poker player for many years... i used to work at the location so the other night i called to see what had happened with it... the manager is not fond of me since i have left so its all been decided to be my fault and brett did nothing wrong but further talking to the bartender on shift he said the video shows the poker player coming around the table after my buddie... my questions are ... is the bar at all liable for not stopping the problem before it started... how can i get a copy of the video... and what is the course to be taken had the cop lied on his police report and charged my buddie for the incident

 

[HomeGuru]

What is the name of your state (only U.S. law)?montana

I was involved in an incident recently
I was playing in a poker game where a player not fond of me was losing... after one hand he stood up and tryed to get me to go outside and fight him. i said no and nothing was done at the bars end to stop this... few hours passed he had been basically at my throat all night... when i decided to leave i racked up my chips and he came around the table and grabbed a hold of me and started shaking me... my buddie stepped in to attempt to break it up and all 3 of us went to the ground... it was then broke up by the bartender... this is where it gets interesting... the 2 of them were seperated and somehow went back at it again... police were called as the poker player had suffered a gash in his head when he went down to the ground... the police wrote my buddie a ticket for assault saying he went back after him when it was all broke up... a little background here the cop is and has been friends with the poker player for many years... i used to work at the location so the other night i called to see what had happened with it... the manager is not fond of me since i have left so its all been decided to be my fault and brett did nothing wrong but further talking to the bartender on shift he said the video shows the poker player coming around the table after my buddie... my questions are ... is the bar at all liable for not stopping the problem before it started... how can i get a copy of the video... and what is the course to be taken had the cop lied on his police report and charged my buddie for the incident

**A: this is one of the reasons why gambling is dangerous. You don't really have much of a chance in a civil suit.

 

[crash12884]

even if the police report doesn't match the video

 

[CdwJava]

You were not charged, so you have no standing to get anything.

The police based their actions on what was told to them and what they saw at the scene. Dollars to donuts they did not see the video at the time. And if they did, their interpretation can be different than yours. A citation/charge is not a conviction. Your buddy can bring the tape and all of his inebriated pals to court and they can testify as to what occurred. Heck, the DA may decide not to pursue the matter because this is a case of drunks doing what drunks do, or, assume it to be a mutual fight.

In any event, you have no suit against anyone. The guy who was injured might have a claim against you and your buddy for his injuries, and maybe even the bar if they had a clear responsibility to intervene (and I doubt that is the case). But I don't see that anyone has a suit against the officers involved unless your buddy can prove that the officer knowingly and intentionally lied in his report or in any court proceedings that might come. Keep in mind that even the police have a legal right to be wrong. Being wrong does not - by itself - a tort make.

 

[HomeGuru]

even if the police report doesn't match the video

**A: ok, so when you have the facts and compare the police report to the video, please provide via posting the items that were not consistent.

 

[crash12884]

how do i go about getting a copy of the video the location will not willingly give me a copy

 

[CdwJava]

how do i go about getting a copy of the video the location will not willingly give me a copy

You have no standing so unless they volunteer it to you when you ask nicely, you're done. Unless you can successfully bring about a civil suit against someone (and I do not see where you can) you cannot even subpoena the tape.

Your buddy's attorney can subpoena the tape as part of his criminal defense, and if the state has a copy for the prosecution, the defense has a right to obtain a copy through the process of discovery.