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Lawmoe
Lawmoe, Lawyer (JD)
Category: Legal
Satisfied Customers: 2415
Experience:  Lawyer with 19 years of litigation experience in state and federal court systems.
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My friend (young lady) a student from overseas was at the club

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My friend (young lady) a student from overseas was at the club with me dancing and the bouncer told her she had to leave because she stinks. I replied with we all do, we have been dancing, and I don’t think it is okay for you to discriminate or publicly humiliate someone like that. He said he could do what ever he damn well pleased. I asked to speak to his boss, he replied with he is the boss (of course he wasn’t). Long story short, they grabbed me, and I did nothing back, once to the back door they proceeded to hit and stomp on me; however, I pulled away and did not attempt to return violent force.

The officer at the scene said they had the right to do these things. I don’t not believe that is true and am attempting to take the proper actions.
Submitted: 4 years ago.
Category: Legal
Expert:  Lawmoe replied 4 years ago.

You post a difficult situation. First, as a private establishment, they make the rules. They can admit or reject any person they wish so long as it does not relate to a protected class by law (race, cred, color, religion etc...).

 

Second, even if the bouncers used excessive force, there is a question of damages. To recover, you must have some compensable injury. Unfortunately, embarrasment and some force that did little or no damage is not compensable. At least not to the extent to involve legal counsel.

 

In the end, I am afraid, other than a complaint, you have little recourse here.

 

I am sorry for your troubles.

 

Customer: replied 4 years ago.
can I file battery cahrges
Expert:  Lawmoe replied 4 years ago.

You can make a report to police, which appears you have already done. They decide whether a battery has occurred and whether or not to submit the case to the prosecutor for charging. It seems they already declined to do that.

 

PLEASE CLICK ACCEPT BELOW

Customer: replied 4 years ago.
So this is how doing the right thing works.... If I did react with violence to defend myself, is is justfied (legaly).... If I wished to advance this do I have any cards to play???
Expert:  Lawmoe replied 4 years ago.

You have few cards to play. You could sue in civil court, but, again, you must prove damages. If you were uninjured, there is no viable recovery.

 

Customer: replied 4 years ago.
Black eye and big knot on head,,, killer over and body pain
Expert:  Lawmoe replied 4 years ago.

WIthout medical records and a medical bill, a recovery is unlikely. If anything, it is a small claims court action. Even then, you must show excessive force and some damages. It may not be right, but chances of recovery seem bleak.

 

PLEASE CLICK ACCEPT BELOW.

Customer: replied 4 years ago.
Last thing and Im done; lesson learned--should have went strait to hospital,,,but what happens if I defend myself in their pub with force.....Thank you
Expert:  Lawmoe replied 4 years ago.

I am not sure I understand. There is what is right and there is also reality.

 

First, you are on their property. That means they set the rules. Second, although you have a right to self defense with reasonable force, you are in an inferior position in their establishment, with hteir rules, and, critically, their witnesses. That means, in most cases, you lose. It is not uncommon for a person to be roughed up by bouncers. Unfortunately, unless there is some serious injury that goes beyond the pale of a normal ouster, there is no viable legal action.

 

I am sorry.

 

Lawmoe, Lawyer (JD)
Category: Legal
Satisfied Customers: 2415
Experience: Lawyer with 19 years of litigation experience in state and federal court systems.
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