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Excessive physical force eviction

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telekinekris

Guest
Utah

Stick with me, it gets better.
At a bar the other night my sister and I were asked to leave. We weren't drunk or hostile, but they feared a fight would break out. My sister was trying to talk to the bouncer about it, but he simply told her that if she said another word he would have her arrested. I told him that wouldn't happen because we hadn't done anything wrong. He told me to leave as well and said I'd be arrested too. I was leaving, very calmly, I danced my way across the dance floor and right before the doors I turned to see if my sister was still inside. I didn't stop or walk back into the bar, simply turned. At this point the bouncer, who had followed me, grabbed me by the throat strongly with both hands and threw me forcefully from the bar onto the ground. I called the police and filed a report, but nothing has been done. The man's story is that I turned so abruptly that he thought I was going to hit him. There were at least 15 people who saw. My instincts tell me that his use of force is illegal, but I was wondering what the actual laws are and if I actually have a case against either the bar or the individual. Any help is great. Thank you.

I don't know if this is the right forum for this, if it isn't please direct me to the proper one.
 


T

telekinekris

Guest
Damages

What is the name of your state? UT

Not too much damage. Ripped jeans and a scraped knee from being thrown on the cement. My neck is raw, but I don't bruise. The muscles are sore and it feels like it needs to pop, but won't. It's only been a couple days though so I don't think it's permanent damage.
 
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JETX

Senior Member
Okay, lets take a look at each of your 'issues':

"At a bar the other night my sister and I were asked to leave. We weren't drunk or hostile, but they feared a fight would break out. My sister was trying to talk to the bouncer about it, but he simply told her that if she said another word he would have her arrested. I told him that wouldn't happen because we hadn't done anything wrong."
*** You were NOT correct. The bouncer (as a representative of the owner/manager) has the right to ask you to leave. If you refuse, that is trespassing.... and you can be arrested.

"He told me to leave as well and said I'd be arrested too. I was leaving, very calmly, I danced my way across the dance floor and right before the doors I turned to see if my sister was still inside. I didn't stop or walk back into the bar, simply turned. At this point the bouncer, who had followed me, grabbed me by the throat strongly with both hands and threw me forcefully from the bar onto the ground."
*** Sounds like proper action to me. You were being a smartass ('dancing' across the floor!!) and made an action that could easily have been interpretted as threatening or refusing to leave.

"I called the police and filed a report, but nothing has been done. The man's story is that I turned so abruptly that he thought I was going to hit him."
*** Sounds viable.

"There were at least 15 people who saw."
*** Then call them if you decide to file a civil suit.

"My instincts tell me that his use of force is illegal,"
*** You're instincts are wrong.

"but I was wondering what the actual laws are and if I actually have a case against either the bar or the individual."
*** Nope. I don't see any cause of action against the bar or bouncer.
 
K

krispenstpeter

Guest
Jet is correct and you're lucky something more didn't happen to you.

I was a bouncer in College and while escorting a patron who had been asked to leave to the door he reached down into his boot. That was the last thing he reached for for the next three months because he wasn't getting the chance to bring a knife or gun out of that boot.

I broke his damn arm and made him eat dirty, smelly tile.

Just his luck he was reaching for a lighter.

And what did the judge tell him when he filed assault charges against me and the club? "You're lucky it wasn't the police escorting you out when you pulled that crap. You'd be dead now."
 

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