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harassment/emotional duress

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hreno

Junior Member
What is the name of your state? Nevada


I am unsure if this is the correct forum in which to gain an answer to my legal question, so I will post it but if it is in the wrong area please let me know.

My boyfriend and I were involved in an incident in an after hours nightclub here in the city of Las Vegas , where we live. We entered the nightclub around 3 in the morning with a group of about 15. At around 6 in the morning the club was busy and the cocktail waitress was very slow. At this point one of our friends asked my boyfriend to go order him a bottle of Crown Royal from the supervisor.
My boyfriend and I proceded to go the supervisor, request the bottle, and then immediatley found the cocktail waitress to inform her that the bottle had been ordered and to inform her which gentleman the bottle and the bill were to be deliverd to.
At this point we went to dance and then to the washrooms. About 30 minutes later two large men came up to us and demanaded that we follow them to the entrance area. The manager arrived and informed us that our friend had recieved the bottle and the bill but upon the bottles opening he dispusted it's quality and refused asking instead to see the manager. Acorrding to the manager our friend had left the club and had not paid for the bottle, therefor we must pay for it because it was my boyfriend who had verbally asked the manager for it to be delivered.
We explained that we had informed the cocktail waitress whom the bottle and the bill were to be presented to and she verfied that she had indeed presented the gentleman with the bottle and the bill and that my boyfriend and I were not present at the table.
At this point we were once again told that we had to pay for the bottle. When we refused we were surround by several large men and forced into a corner of the room so that we were unable to move or exit because the large gentleman were barring our way. The manger that said that if we did not pay we would be detained by the club's security for an undisclosed amount of time in an undisclosed area.
I began to become frightened as we were being phisically barred from moving out of the corner. We were told once again to either pay the bill or they were going to seperate us and detain my boyfriend only, without informing me of where they were going to take him or how long he was going to be detainded for. I was the very scared and distressed at the thought of being seperated from him and being alone in the hostile enviroment of the club without a way of knowing what was happening to him. I proceded to try to use my cell phone to call the Metro Police so that they could be informed of the situation, however because the nightclub was underground I could not get recpetion and was physically barred from reaching a land line.
We were then further harassed, saying that we were too poor to pay for the bill and that we were trying to steal from him, this continued on for about 20 minutes with us refusing to pay and him berating us and physcially preventing our exit from the club. Finally I was under so much duress and so scared that I consented to give him my credit card and ID so that he could make a copy and scan my card for the amount of the bottle but that he not charge my card as we would return with the gentleman who had been presented with the bottle and bill later in the afternoon so that he could pay for it and explain the situation. The manager told me that I must leave my card with him and when I protested we were once again threatened with seperation and detainment in a backroom. Being the only women present and at this point fearing for our saftey I was forced to consent at which time the manager gave me his bussiness card and told me to call him once we were returning with the gentleman to pay for the tab, at which point he would return my card. Then security escorted us directly to our vehical.
The time is now aproxamatley 8 in the morning and we procede to contact the gentleman who had recieved the bottle and he immeadiatley agreed to return with us to rectify the situation. We all had to take time off of work and I called the manager around 11am to let him know we were returning, he then said it would me more convient for him if he met with me at my house alone to recieve the money and return my card, and I informed him that I was uncomfortable with this suggestion being a female and explained that my boyfriend, the gentleman and I were all coming to meet with him as had originally been planned in his place of business. I also requested that his suppervisor of opperations be present for the meeting.
Once we returned, our friend explained that he disputed the bottle quality and that during the presentation of the bottle and bill my boyfriend and I had not been present nor had we consumed any of it at any point. A review of the tapes from the evening confirmed this. Clearly we had not been liable for the payment under any circumastances, yet we were physically detained, harrassed verbaly, frightend and forced into giving up my property.
Also I was contacted about meeting offsight privatly with me personaly, making me feel sexual uncomfortable by the request.
My question is; is this a matter for which I can seek dammages, we have several wittnessed to the harssment, not to mention the money we lost by having to leave work in order to regain my property. I am having recurring fears about detainment and have generaly been in poor mental health since the incident.
 
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BelizeBreeze

Senior Member
Who knows if it's the wrong area. NO ONE is going to waste time trying to read that book without some paragraphs and spaces.

Clean it up and ONLY the relevant facts.
 

JETX

Senior Member
hreno said:
Acorrding to the manager our friend had left the club and had not paid for the bottle, therefor we must pay for it because it was my boyfriend who had verbally asked the manager for it to be delivered.
The manager is correct. He owes for the bottle that HE ordered. It is up to HIM to then pursue payment from HIS friend.

Clearly we had not been liable for the payment under any circumastances,
Sorry, but based on your post.. your boyfriend IS liable for payment.

yet we were physically detained, harrassed verbaly, frightend and forced into giving up my property. Also I was contacted about meeting offsight privatly with me personaly, making me feel sexual uncomfortable by the request. My question is; is this a matter for which I can seek dammages, we have several wittnessed to the harssment, not to mention the money we lost by having to leave work in order to regain my property. I am having recurring fears about detainment and have generaly been in poor mental health since the incident.
Based on your version it certainly sounds like they were 'heavy handed'.... but as noted above he IS liable for payment.
If you want, contact the local police and file a criminal complaint. However, I predict it will have little impact as a merchant is allowed to exercise 'reasonable' restraint to protect their property (the unpaid 'stolen' bottle).

Nevada Revised Statute:
NRS 597.850 Shoplifting: Merchant may request person on premises to keep merchandise in full view; detention of suspect; immunity of merchant from liability; display of notice.
3. Any merchant who has reason to believe that merchandise has been wrongfully taken by a person and that he can recover the merchandise by taking the person into custody and detaining him may, for the purpose of attempting to effect such recovery or for the purpose of informing a peace officer of the circumstances of such detention, take the person into custody and detain him, on the premises, in a reasonable manner and for a reasonable length of time. A merchant is presumed to have reason to believe that merchandise has been wrongfully taken by a person and that he can recover the merchandise by taking the person into custody and detaining him if the merchant observed the person concealing merchandise while on the permises. Such taking into custody and detention by a merchant does not render the merchant criminally or civilly liable for false arrest, false imprisonment, slander or unlawful detention unless the taking into custody and detention are unreasonable under all the circumstances.
 
the name is bond

Did anyone bother to examine the bottle to see if it indeed had quality problems (maybe it was overheated or something). If there was a noticeable problem with the product that was ordered, I doubt that anyone could be forced to pay for it. More likely, the management would and should apologize profusely and provide a complimentary bottle free of defect.

Why the friends who were observing your detainment and who presumably understood why you were being detained did not call the person who ordered the bottle and have him return immediately is also unclear.
 
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JETX

Senior Member
cjbrown929 said:
Did anyone bother to examine the bottle to see if it indeed had quality problems (maybe it was overheated or something). If there was a noticeable problem with the product that was ordered, I doubt that anyone could be forced to pay for it. More likely, the management would and should apologize profusely and provide a complimentary bottle free of defect.
WOW!! What a wonderful 'coulda', shoulda', might be' warm-fuzzy response. Of course, it is also possible that the club owners are aliens who were sent her with the sole purpose of selling tainted CR.
This is a LEGAL advice site. Why not just stick to the facts and quit playing 'what if' games??
 
one tough cookie

JETX: I'd like to send you a bottle of CR to apologize for asking a question that could've and should've been asked long ago. If it tastes funny, don't worry, it's the thought that counts...

It sounds like you know for a fact that the bottle in question no longer exists.

Attorneys are paid to be advocates. All that you make clear from your posts is your clear support of the managements' position. Very insightful. If you WERE hired by the "defendant", would you just plead them out, or would you make some attempt to earn your retainer? Sounds like a rhetorical question to me.

You like facts? What about the FACT that the person who supposedly ordered the bottle through his friends apparently ACKNOWLEDGED that fact when it was delivered, ie he didn't say "I didn't order this", he just refused to pay for it due to a quality issue and was (mistakenly?) allowed to depart despite having been presented with the bill (an acknowledgement by the casino that he was responsible for the bill), at which point the casino decided to get heavy with a couple of innocents.

How about other potential issues? The statute you cite states that a person or persons can be detained if the person is observed secreting store property, which was not the case here. Was the casino in compliance with the shoplifting statute by properly posting its venue? Were the "defendants" ever in possession of the bottle? If the bottle was never delivered to them, how could they be charged for it? Thanks, though, for your comprehensive review of shoplifting statutes! Now, you should get back to your Matlock reruns. As Johnnie Cochran might've said "feckless and reckless don't just rhyme, they stand toe to toe time after time."

If reciting Nevada law is the best you can do, you need a better disclaimer.

Audiator et altera pars
 
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hreno

Junior Member
Belizebreeze

Thank you for your insight and courtesty towards a new member, you should win a humanitarian award.
Hreno
 

hreno

Junior Member
thanks

CJ,
I really appreciate the useful advice you offered. You are a credit to this site and to whatever field of business you are in. It's always nice to find a fellow gunslinger, or an ultimus romanum.
HR
 

JETX

Senior Member
Response to Private Message sent to me by this idiot!!

hreno said:
Did you even read my story or were you too busy quoting it.
Regretably, I did read your stupor induced droolings.

Even if my boyfriend did order the bottle it was never delivered to us. GET IT?
Doesn't matter. From your own post:
"My boyfriend and I proceded to go the supervisor, request the bottle, and then immediatley found the cocktail waitress to inform her that the bottle had been ordered and to inform her which gentleman the bottle and the bill were to be deliverd to."
You ordered the bottle and instructed delivery. Hell, if your stupid plan 'worked', you could order drinks for others all nite long.... then deny payment since they weren't 'delivered' to you. What an idiot!!

We never saw it, the tapes of the incedent prove it.
See above. Oh, and it is spelled INCIDENT!!

So they didn't uphold their part of the deal, so how are we liable to pay for it.
How didn't they 'uphold their part of the deal'. You ordered and directed delivery. They delivered.
Simply, you owe.

And we were trying to contact the gentleman who ordered it
What the hell are you talking about??
Your own post admits that " My boyfriend and I proceded to go the supervisor, request the bottle"
So, you DID order it?? Right??

but if you had actually read my statement you would have seen that we were in an underground club, and could not get reception. in the words of Mencia "dir de dir"
In the immortal words of my dear departed grandfather.... kiss my ass! :eek:
 

hreno

Junior Member
The Cowardly Lion

I choose to take up my grievences with you in a private forum so that you and I may discuss it's legal relevance. You, however chose to degrade and debase me on a public site for an incident that you were not even a part of. Careful, you might want to pull your shirt down, the yellow on your belly is showing. Perhaps I was not clear enough, we were asked by our friend to order the bottle for him as he was in the booth and the cocktail waitress was too slow. Had the bottle been for us, it would and should have been presented to us. But the bill and bottle were presented to our friend, who accepted both, a clear indication that both he and the casino were aware of who the bottle had been ordered for and who was liable for the payment.
Now let us discuss you, as a graduate of the University of Sleepwalkers, what is it exactly that you do that affords you the time to post 17.4 threads a day. Also what are your qualifications for the advice you have given me? Have you ever been to an upscale afterhours club? Or do you just spend all your time making fun of people who mispell words? Why don't you do us both a favor a stick to what you are good at.... racial slurs and disgracing your dead grandfather.
 
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BelizeBreeze

Senior Member
hreno said:
I choose to take up my grievences with you in a private forum so that you and I may discuss it's legal relevance.
And what part of your constant excuses has anything to do with 'legal relevance'?
You, however chose to degrade and debase me on a public site for an incident that you were not even a part of.
We ALL became part of it when you posted.
Careful, you might want to pull your shirt down, the yellow on your belly is showing.
And YOU should have pulled yours up, maybe then you would have gotten the liquor for free as you tried to do with your excuses.
Perhaps I was not clear enough, we were asked by our friend to order the bottle for him as he was in the booth and the cocktail waitress was too slow.
and you ordered it. PERIOD! The owner doesn't care if you ordered it for a friend, an enemy or George W. You contracted for the bottle and therefore are legally liable.
Had the bottle been for us, it would and should have been presented to us.
Really? Please cite any part of contract law regarding this 'idea'.
But the bill and bottle were presented to our friend, who accepted both, a clear indication that both he and the casino were aware of who the bottle had been ordered for and who was liable for the payment.
Then why are you still here? You seem to have graduated from law school in the last few hours and are capable or arguing this before the court on your own.
Unlike a person who has the time to post 14.7 threads per day. Do you even live in Nevada? Have you ever been to an upscale afterhours resort.
Jet may not have been to an upscale resort, but I've been to Palais de la Méditerranée, Château Eza and the Golden Reef in Monaco. Vegas is a poor man's excuse to lose money.
Sure doesn't seem like it. So due us both a favor and stick to what you know....racial jokes and disgracing your grandfather.
If there was a racial joke anywhere in there then you imagined it. Are you stupid or just can't get the trailer's wheels to hit the road. :rolleyes:
 

JETX

Senior Member
hreno said:
I choose to take up my grievences with you in a private forum so that you and I may discuss it's legal relevance.
Look at your whinings again. There is NO legal 'relevance' in it at all. You simply re-bleated all of your earlier nonsense.

You, however chose to degrade and debase me on a public site for an incident that you were not even a part of.
This statement pretty much removes any doubts that anyone had about your intelligence level.
Clearly, you have no idea what these mean so, in my never-ending desire to help the uneducated:

de·grade
1. To reduce in grade, rank, or status; demote.
2. To lower in dignity; dishonor or disgrace: a scandal that degraded the participants.
3. To lower in moral or intellectual character; debase.
4. To reduce in worth or value: degrade a currency.
5. To impair in physical structure or function.
6. Geology. To lower or wear by erosion or weathering.
7. To cause (an organic compound) to undergo degradation.

debase.
To lower in character, quality, or value; degrade

There is NOTHING in my post that was degrading or debasing.

Careful, you might want to pull your shirt down, the yellow on your belly is showing.
That simply doesn't make ANY sense. In fact, I am the one who exposed your PM whinings.... and didn't allow YOU to be a coward.

Perhaps I was not clear enough, we were asked by our friend to order the bottle for him as he was in the booth and the cocktail waitress was too slow.
And let me make this clear to you... and I will type slow so that you can hopefully follow along...
Unless you told them, "I am ordering this for that guy over there...." or similar, the 'deal' you made was YOURS. How do you expect the management to assume that your order was for someone else??

Had the bottle been for us, it would and should have been presented to us.
Yep. And YOU directed it to be 'presented' to someone else. Lets play your game. Lets say you ordered this bottle as a birthday present to another person in your party. Would you expect the bill to be presented to the recipient of YOUR gift?? Of course not. You would have expected the bill. Same situation here. The merchant (bar owner) ONLY knows that YOU ordered.... he doesn't know any 'side deal' that you might have going on. YOU are liable for the bottle that YOU ordered. This is really simple and not rocket science. If you would just get your head out of your ass for a few minutes and quit trying to look for a way to screw others... you would (presumably) realize this.

Now let us discuss you
Go ahead. Discuss 'me' all you want. :D
As for where I have been.... I will put my passport up against yours all day long. And yes, though I enjoy Vegas during my visits (about every other month or so), I enjoy the 'Les Casinos de Monte-Carlo' (in Monaco), the 'Casino de Madrid' (obvious) and the 'Casino de Paris' (in France, not Vegas).

Pucker up, butter cup. I can almost see your lipstick on my ass already!!
 
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hreno

Junior Member
Vea Victus

Fine, you win.
I tell you what jetX next time you come to Vegas ask for Tyrone Knepper, food and Beverage Manager of the event and convention center. I'm sure he'd love to give you great service. As for you Belize, I belive I have kept sexual and vulgar terms out of this entire thread so I think we have established who has the higher intelect here. And as for the two of you together, really is it that important? I have indured more harassment and emotional duress from you two delusional self-envolved pea brained fools, then I ever endured from the club. What kind of men enjoy breaking down a female who is asking for advice. Sorry to waste your time, oh and by the way I was issued a full apology from the club and my lawyer is discussing settlment for our duress so your advice is no longer needed. Keep Quoting gentleman, when you quote me it actually makes you sound smarter.
 
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BelizeBreeze

Senior Member
hreno said:
Fine, you win. I tell you what jetX next time you come to Vegas ask for Tyrone Knepper, food and Beverage Manager of the event and convention center. I'm sure he'd love to give you great service. As for you Belize, I belive I have kept sexual and vulgar terms out of this entire thread so I think we have established who has the higher intelect here. And as for the two of you together, really is it that important? I have indured more harassment and emotional duress from you two delusional self-envolved pea brained fools, then I ever endured from the club. What kind of men enjoy breaking down a female who is asking for advice. Sorry to waste your time, oh and by the way I was issued a full apology from the club and my lawyer is discussing settlment for our duress so your advice is no longer needed. Keep Quoting gentleman, when you quote me it actually makes you sound smarter.
And that all happened within the last four hours. You are a liar. that much we have established.
 

hreno

Junior Member
No sir, all this happened within the last four days. You seem exceptionally angry for someone who has no personal envolvment, did a little stupid lying girl push one of your buttons? Too bad that you have no other outlets for your useless advice
 
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