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Shopping Mall : Assaulted And Detained

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Jrex05

Junior Member
What is the name of your state? Kentucky.

Last weekend I took a trip to the shopping mall near my city to purchase some gifts for my wife's upcoming birthday. I entered and browsed without incident. At approximately 3:30pm I entered a Bed Bath and Body Works store. I purchased two items, and as I was leaving I observed an employee pick up a store phone and make a phone call while staring at me.

I disregared this and continued out towards the center of the mall. At approximately 3:45 I noticed two uniformed police officers following me. I am carrying a bag and receipt (inside) from Bed Bath and Body Works at this time. I stop at the food court to eat. After a quick meal I leave the restaurant and head for the doors at which point I am cut off by the aforementioned officers about 30 feet from the door.

They ask to see whats inside my bag. I tell them I have nothing to say, pull my receipt out and flash it at them and continue walking. They again ask to see whats inside of my bag, and as I again deny their request I am grabbed forcibly on the right forearm by the second officer.

I again tell them they cannot see the bag. The first officer steps back to make a radio call, and the second officer is still squeezing my arm, and begins to ask me yet again in a threatening tone of voice to see the bag (which is in my left hand). In the middle of the sentence I put the bag in my right hand, swing around and strike him in the head with my fist and run for the doors. I am tackled within 15 feet of the door, and while being held down by the first officer, I am maced by a uniformed police officer who has just responded. I am drug into an office at the other end of the mall while being publicly humiliated. I begin to display the early signs of a panic attack and make a request to get the medication out of my pants pocket which is denied.

I am held in the office for 2 hours while I recover, and answer questions. After things are cleared up and I am deemed innocent, the mall administration apologizes, and I am escorted out.

I am planning on filing for assault (being grabbed forcibly by the mall officer), being maced, and being tackled (which subsequently caused me extreme pain and suffering). I am going to have the charges they may file against me about striking the officer dismissed on the grounds of self-defense (I was being assaulted and feared for safety) My question is what can I file against the company for being humiliated, being denied medication at time of dire need, and for being detained for no reason? I am going to also file a civil suit against the company.
 
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BelizeBreeze

Senior Member
Jrex05 said:
What is the name of your state? Kentucky.

Last weekend I took a trip to the shopping mall near my city to purchase some gifts for my wife's upcoming birthday. I entered and browsed without incident. At approximately 3:30pm I entered a Bed Bath and Body Works store. I purchased two items, and as I was leaving I observed an employee pick up a store phone and make a phone call while staring at me.

I disregared this and continued out towards the center of the mall. At approximately 3:45 I noticed two uniformed police officers following me. I am carrying a bag and receipt (inside) from Bed Bath and Body Works at this time. I stop at the food court to eat. After a quick meal I leave the restaurant and head for the doors at which point I am cut off by the aforementioned officers about 30 feet from the door.

They ask to see whats inside my bag. I tell them I have nothing to say, pull my receipt out and flash it at them and continue walking. They again ask to see whats inside of my bag, and as I again deny their request I am grabbed forcibly on the right forearm by the second officer.

I again tell them they cannot see the bag. The first officer steps back to make a radio call, and the second officer is still squeezing my arm, and begins to ask me yet again in a threatening tone of voice to see the bag (which is in my left hand). In the middle of the sentence I put the bag in my right hand, swing around and strike him in the head with my fist and run for the doors. I am tackled within 15 feet of the door, and while being held down by the first officer, I am maced by a uniformed police officer who has just responded. I am drug into an office at the other end of the mall while being publicly humiliated. I begin to display the early signs of a panic attack and make a request to get the medication out of my pants pocket which is denied.

I am held in the office for 2 hours while I recover, and answer questions. After things are cleared up and I am deemed innocent, the mall administration apologizes, and I am escorted out.

I am planning on filing for assault (being grabbed forcibly by the mall officer), being maced, and being tackled (which subsequently caused me extreme pain and suffering). I also plan to have the charges they may file against me about striking the officer with my bag dismissed on the grounds of self-defense (I was being assaulted and feared for safety) My question is what can I file against the company for being humiliated, being denied medication at time of dire need, and for being detained for no reason? I am going to also file a civil suit against the company.
Yes you can. And the security guard can file civil battery charges against you for hitting him.

:rolleyes:
 

Jake648012003

Junior Member
lol...I don't think i'm even going to go there.....ALL i'll say is they had the right to detain...you had NO right to assault, nor resist arrest.....EVER EVEN if the arrest is unlawful. Thats what courts are for! Your OWN actions are why you were detained for two hours, and why it took so long to get straightened out....
 

Jrex05

Junior Member
Jake648012003 said:
..you had NO right to assault, nor resist arrest.....EVER EVEN if the arrest is unlawful. Thats what courts are for! Your OWN actions are why you were detained for two hours, and why it took so long to get straightened out....
When I was seized by the officer, and when he began to give me instructions in a threatening tone of voice I began to (as I mentioned) I feared for my life and began to display the precursors of a panic attack. Now I have had this legally identified and diagnosed, and the disorder led to me striking the officer because of the way HE was treating me.

I clearly showed my receipt and made no threatening actions prior to being taken firmly by the arm of the officer. He had no right whatsoever to attempt to arrest me and no right at all to assault me by seizing my arm.

A person may use force, even deadly force, against another person if he/she reasonably believes that such force is immediately necessary for the purpose of protecting him/herself against the use of unlawful force by such other person.

My actions were well within the bounds of the law as I feared for my life when he unlawfully grabbed me and used a threatening tone of voice.
 

BelizeBreeze

Senior Member
Jrex05 said:
When I was seized by the officer, and when he began to give me instructions in a threatening tone of voice I began to (as I mentioned) I feared for my life and began to display the precursors of a panic attack. Now I have had this legally identified and diagnosed, and the disorder led to me striking the officer because of the way HE was treating me.

I clearly showed my receipt and made no threatening actions prior to being taken firmly by the arm of the officer. He had no right whatsoever to attempt to arrest me and no right at all to assault me by seizing my arm.

A person may use force, even deadly force, against another person if he/she reasonably believes that such force is immediately necessary for the purpose of protecting him/herself against the use of unlawful force by such other person.

My actions were well within the bounds of the law as I feared for my life when he unlawfully grabbed me and used a threatening tone of voice.
Now you just lost all credibility. Or do you think these 'facts' were not too important until you didn't get the answer you wanted?

The plain fact is, if these were law enforcement officers, they had every right to detain you. If they were security guards employed by the mall, then they also had the right to detain and you had the right to call the police.

As it is, YOU contributed to the incident and are now trying to shift glame.

Quit playing attorney and hire one. You're going to need it.
 

CdwJava

Senior Member
Jrex05 said:
After a quick meal I leave the restaurant and head for the doors at which point I am cut off by the aforementioned officers about 30 feet from the door.
Okay - so you recognized them as peace officers.


They ask to see whats inside my bag. I tell them I have nothing to say, pull my receipt out and flash it at them and continue walking.
Not good ... if you are detained, you do not have a right to just walk away.


They again ask to see whats inside of my bag, and as I again deny their request I am grabbed forcibly on the right forearm by the second officer.
Reasonable force is justified in effecting an arrest or lawful detention.


I again tell them they cannot see the bag. The first officer steps back to make a radio call, and the second officer is still squeezing my arm, and begins to ask me yet again in a threatening tone of voice to see the bag (which is in my left hand). In the middle of the sentence I put the bag in my right hand, swing around and strike him in the head with my fist and run for the doors.
That HAS to be one of the most moronic things I have seen in a long time! Assaulting a peace officer?!

WHAT were you thinking?!

Now, you may be guilty of robbery if you are trying to flee with the stolen goods!


I am tackled within 15 feet of the door, and while being held down by the first officer, I am maced by a uniformed police officer who has just responded.
No kidding ... can't say that I'm not surprised.


I am drug into an office at the other end of the mall while being publicly humiliated. I begin to display the early signs of a panic attack and make a request to get the medication out of my pants pocket which is denied.
Gee ... I can't imagine why they would be in any mood to allow you ANY request.


I am held in the office for 2 hours while I recover, and answer questions. After things are cleared up and I am deemed innocent, the mall administration apologizes, and I am escorted out.
How odd ... so, they weren't cops you whacked, were they? Ah! I see that they were security guards ... very, very lucky for you.


I am planning on filing for assault (being grabbed forcibly by the mall officer), being maced, and being tackled (which subsequently caused me extreme pain and suffering).
Good luck.


I am going to have the charges they may file against me about striking the officer dismissed on the grounds of self-defense (I was being assaulted and feared for safety)
And they were involved in a lawful detention and then defended themselves. Case dismissed.


My question is what can I file against the company for being humiliated, being denied medication at time of dire need, and for being detained for no reason? I am going to also file a civil suit against the company.
You can sue whoever you want to. Good look in winning ... depending on the total facts of the case, you may not get a thing.

Consult an attorney and see if he thinks you have a case. MAYBE you'll get a couple thousand dollars for "go away" money.

- Carl
 

Jrex05

Junior Member
After reading some of these responses i've realized that both parties can be at fault during said incident. Me, for panicking and striking a security officer, them for applying an unreasonable amount of force and provoking a conflict.
 

nanaII

Member
Physically detained

My son was in a store in a mall about 6 years ago. He evidently put on a sweatshirt and attempted to walk out of store (yes, I know it was shoplifting, but my son in a paranoid schizophrenic and it was one of the times he thought he didn't need his medication, so was refusing to take it. He had no clue WHAT he was doing). As he started to exit the store, a man came up to him, grabbed him, put him in a head-lock, and threw him to the floor. My son jumped up and head-butted the guy in the stomach. Unbeknownst to him, it was a non-uniformed security guard. He didn't identify him to my son when he approached him. His original charge was first degree robbery. It was dropped to second degree theft. I am only telling this story because of the discussion of how violent these incidents can get.

Next time, OP, OPEN THE BAG! You can see now that it wasn't worth the pain and aggravation. I know it isn't right to automatically suspect that you may have been shoplifting, but these things happen.
 
BelizeBreeze said:
It was decided in 1900 and not very entertaining.
Not remotely entertaining I agree. But the substance of a Supreme Court decision that states that a person being unlawfully arrested can resist such an unlawful arrest even to the point of killing the arresting officer.

Mind numbing.

That kind of entertaining.
 

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