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Considering the same situation described in the following…

Considering the same situation described...
Considering the same situation described in the following link: https://www.justanswer.com/criminal-law/b47vi-family-owns-home-health-agency-family-business.html What if the security guard is an unarmed security guard? He still would not have protection from being sued or prosecuted for assault and battery or whatever if he ever has to use physical force to kick someone out, protect someone, self-defense, or whatever, whether he comes from a security guard agency or not? Thank you.
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Customer reply replied 30 days ago
Would the laws and rules be the same in the state of California? Would the laws and rules be different in any state? If so, can you please list the states where the laws and rules would be different. Thank you.
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3/25/2018
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Category: Criminal Law
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Customer reply replied 30 days ago
I do want an answer. Therefore, I shall continue to wait. Thank you.
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 123,285
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am sorry for your delay in receiving a response, but the experts are not site employees and have no control over when questions appear on our lists. I do apologize.

Unfortunately, private security guards do not enjoy the statutory immunity in CA that municipal or state law enforcement agencies enjoy. A security guard has a right to defend himself or others just like a regular citizen. Self-defense or defense of others does not mean they cannot be charged or sued, it would mean that they have a ground to defend against the claims based on the fear of harm to himself or others.

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Customer reply replied 30 days ago
it's the same in "all" states? There are no states at all where the laws or rules would be different in/regarding this situation? Thank you.

Thank you for your reply.

Generally, yes, the defense of self defense is the same in all states. Private security guards are no different than any other citizen when it comes to what they can and cannot do when performing their job. They are a bit more restricted than police and subject to suit unlike police who enjoy a statutory immunity. However, when properly performing their job, security officers can work for many years and never be sued or charged.

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Category: Criminal Law
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