Posted: 12/16/2008 7:17:44 AM EDT
| A manager of a retail store ask`s a person politely to stop doing something, three times.Then tells this person three times...The customer becomes verbally abusive .The manager asks him to leave the store,than tells him to leave the store, with know compliance...Manager then removes the guy from the store with minimum force.Grabs collar and pushes him outside the store.Is this assault? Thanks alot. |
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I don't think so. The local police may disagree.
I would just call the police and let them take his butt to jail for criminal trespass. I bet the "customer" complained he was assaulted and now the manager is stuck in a he said, he said criminal battle. No way to prove either side unless there is a video. |
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A manager of a retail store ask`s a person politely to stop doing something, three times.Then tells this person three times...The customer becomes verbally abusive .The manager asks him to leave the store,than tells him to leave the store, with know compliance...Manager then removes the guy from the store with minimum force.Grabs collar and pushes him outside the store.Is this assault? Thanks alot. Lets see, complain about assault and face a tresspassing charge for refusing to leave. Do you really want to start that fight? |
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That would never fly as assault (or battery). A lawful use of force to remove someone. that's just it, though. What is the shopkeeper's right, and is it lawful to use force? OP doesn't appear to be asking about opinions on a battery charge, but the letter of the law on use of force to create "unwillful exit". 
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No way to prove either side unless there is a video. Way before video, they had these cool things that come up all the time in cases. They are called witnesses. That would never fly as assault (or battery). A lawful use of force to remove someone. You have 5 people saying the manager beat him up and 5 that said he never laid a finger on him. Now what? |
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No way to prove either side unless there is a video. Way before video, they had these cool things that come up all the time in cases. They are called witnesses. That would never fly as assault (or battery). A lawful use of force to remove someone. You have 5 people saying the manager beat him up and 5 that said he never laid a finger on him. Now what? 5 are lying, drunk, high, or terrible witnesses. Just need to figure it out 
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The guy never got hit...just escorted out of the store with a little help.No battery. Battery is ANY contact that is not desired. Grabbing him by the arm and forcing him out is assault and battery. Bouncers get away with it since if you tried to press charges they could go after you for trespassing. |
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The guy never got hit...just escorted out of the store with a little help.No battery. Battery is ANY contact that is not desired. Grabbing him by the arm and forcing him out is assault and battery. Bouncers get away with it since if you tried to press charges they could go after you for trespassing. I know state definitions vary, but your battery definition is missing a key aspect. It is any UNLAWFUL contact. If we went by your definition, you could never defend yourself, the police could never touch anyone, and you couldn't discipline your child. The bouncer removing someone from the property is what one would call a lawful use of force. |
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The guy never got hit...just escorted out of the store with a little help.No battery. Battery is ANY contact that is not desired. Grabbing him by the arm and forcing him out is assault and battery. Bouncers get away with it since if you tried to press charges they could go after you for trespassing. I know state definitions vary, but your battery definition is missing a key aspect. It is any UNLAWFUL contact. If we went by your definition, you could never defend yourself, the police could never touch anyone, and you couldn't discipline your child. The bouncer removing someone from the property is what one would call a lawful use of force. You are allowed to defend yourself and you ARE committing a battery. In the eyes of the law it is excusable. The same for the police. They are committing a battery, but are excused if the contact has a legitimate police purpose. If you spit on someone and they wish to pursue battery charges they may succeed (again though, depends on jurisdiction). The contact IS unlawful if it is not desired. And battery charges have been used against parents who 'discipline' their children. |
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This is really the same thing as a bouncer throwing someone out of a bar after being asked to leave, I dont see it as a problem long as excessive force was not used. It depends on the state. One thing is certain though - don't drag the guy outside and then beat him up and kick his skull in. That hapened to a guy in a Pittsburgh nightclub, and the bouncers involved are doing seriously well-deserved time in a PYITA prison. In most places, reasonable force is acceptable, but don't ever go over whatever the state considers the lines. |
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In Kentucky you have a legal right to remove someone from your home or a business you own or are acting as an agent of.
I cannot foresee ANY state in which you could be arrssted or charged when removing someone from property, now as someone stated earlier beating him retarded in the alley after you have him out is a completely different thing. |
| I`m actually the manager of the sporting goods store,and I was the one doing the removing..After he was outside, I called 911 and told them what was happening...she said someone was already on there way.The guy outside made his call 1st.I told the officer my side of the story,and he went out and heard the other side...He came back in and said if I would have called before removing him that he would be going to jail.But he might be pressing assault charges.Fine I said,then Ill be filing trespassing and public disturbance charges...The bottom line was I got between him and my customers and acted in a protective manner.Right or wrong I would do it the same again if the situation was the same...Nothing has come of this since that monday eve, but I always look close as Im closing down every night...He said he would get me back and with his hand gesturing as to be shooting a gun at me...I told the cop that the night of this scene,he didnt say anything about it.So thanks for your comments I do appreciate them... |
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The guy never got hit...just escorted out of the store with a little help.No battery. Battery is ANY contact that is not desired. Grabbing him by the arm and forcing him out is assault and battery. Bouncers get away with it since if you tried to press charges they could go after you for trespassing. I know state definitions vary, but your battery definition is missing a key aspect. It is any UNLAWFUL contact. If we went by your definition, you could never defend yourself, the police could never touch anyone, and you couldn't discipline your child. The bouncer removing someone from the property is what one would call a lawful use of force. You are allowed to defend yourself and you ARE committing a battery. In the eyes of the law it is excusable. The same for the police. They are committing a battery, but are excused if the contact has a legitimate police purpose. If you spit on someone and they wish to pursue battery charges they may succeed (again though, depends on jurisdiction). The contact IS unlawful if it is not desired. And battery charges have been used against parents who 'discipline' their children. Like I said, state law definitions vary. For a battery here, the use of force must be unlawful. |