Do I have a good case against this security guard? Is he allowed to restrain me when I've commited no crime?
The boss of a friend of mine gave us permission to take the company boat out for a tour of the canal (think San Antonio) at midnight. There was no issue about safety, because my friend drives the tour boat during the week. We boarded and had been touring for 5 minutes when 5 security guards for the canal motioned for us to pull over. They said we were stealing the boat, but we told them we had permission and gave the managers #. They only asked to talk to my friend (the driver), but as the rest of us walked away, a guard grabbed me by the arm and asked to see my ID. I asked him why? Another guard was screaming at me and this continued 3 times. Ask, why, scream, ask, why, scream. All of a sudden the guard handcuffed me and started throwing me around and saying that I was resisting arrest and obstructing justice! Then slammed me down on my back! They finally called the manager who said it was ok. They let us go, but I sustained a ruptured disk (I'm a small girl) and several bruises.
Answers:
It looks like somebody should have properly notified security that you were leaving with the boat. That alone probably makes the business which owns the boat or the marina partly liable for your injuries.
But there is some question here as to whether those were merely private security guards, or public police officers who patrol the canal and keep an eye on the boats. I do not believe that canals are privately owned. Did you take a good look at their badges and ask to see their IDs after the incident? Private guards only have the power of citizen's arrest and are strictly forbidden under state law from using any force to detain a person unless they are 100% certain they see a crime being committed (such as witnessing a shoplifter in a department store pocket an item right in front of them and try to leave with it). Mere suspicion is not enough. Those guys had no way of being certain either way whether or not you were trying to steal the boat, so if they were private guards, they could've stopped the boat from leaving but they had no authority to detain you personally or grab you.
If they were real cops, however, then they very likely had "probable cause" to detain you. In layman's terms, that means all a cop needs to stop people is a reasonable belief that they *might* be committing a crime. In this case, the boat was being driven by people who they didn't recognize at an odd time when the tour boat normally isn't supposed to be out of the docks. But regardless of what their level of authority is, NOBODY (whether a real cop or a rent-a-cop) can inflict any sort of injury on you just for being a pain about showing your ID. That certainly does not constitute Resisting Arrest or Obstruction of Justice. In fact, if those guys really were just private guards, you possibly could have them arrested for Impersonating a Police Officer because only real cops are allowed to charge anybody with those offenses. But if they were real cops and you were physically fighting them (and just kind of left that part out of your story), then it probably doesn't look like they used excessive force on you.
You should just call the police and have them investigate it and write up a report. Go back to the place while they're there and make sure to get everybody's information. If it turns out those guys guarding the canal are real cops, then speak with their supervisor at whatever precinct they belong to and then go file a complaint with the local D.A. concerning their misconduct. Then consider getting a lawyer to file for civil damages against the business and anybody else who's responsible.
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EDIT
GO BACK to the police station and speak with the desk sergeant, or whoever is the supervisor of the cop you spoke to before and insist on pressing charges of Assault and Battery, Illegal Restraint, and False Imprisonment. Somebody there before didn't take you seriously and was just trying to brush you off. Private security personnel are nothing more than private citizens, and definitely are NOT immune to assault and battery charges if they beat you up just for not showing them your ID. It would be exactly the same as you detaining a person in your home and doing that to somebody. The type of force that was used against you would only be appropriate in cases of self-defense or if he did have good reason to believe you were stealing something and you *physically* resisted him and put him in danger. None of that was the case. And if these private guards happen to be moonlighting cops who possess full status as public peace officers, then you need to ask for and file a citizen's complaint form and visit their Internal Affairs department to investigate them for police misconduct.
You also want to find out what company is in charge of those guards and exactly who they work for, and ask to file an incident report against them. It's also possible that they work through an outside security contracting company, and you should speak to them as well.
It sounds like they were police officers, not security guards. Charges of resisting arrest and obstructing can only be filed when you are interfering with a commissioned police officer. Security guards have the same apprehension powers as an average citizen. Then again, if they were security guards and behaved in the way you described, they could be liable for criminal and civil charges.
Edit: Here's the deal, security guards have no authority to charge anyone with anything. They guard the property they are working for. Often, security guards have little or no training in use of force and can cause more trouble than they are worth when they pretend to be cops. It sounds like these guys were a bunch of wannabes and couldn't hack it with any PD.
Call the police.
I agree with Mary B, call the police and report an assault and battery. Since you say you were handcuffed you could also report illegal detention or kidnapping.
I'm no lawyer, but I'd say yeah you have a case. at least for medical expenses. Even more if they were not armed security guards.
The security guard has the right to detain you as it is property which he is charged with protecting. If they had any type of uniform and hand/flex cuffs or weapons it would mean they were authorized by the employer to have them.
You said, you're a small girl? How small? I'd say what you have, if you ruptured a disk is a nice little "excessive force" charge committed by a Roid-raging-woman-beating-shru... of a douche nozzle who needs to have charges brought against him or a bit of retaliation from a male family member. This is the type I'd like to beat the steroids out of and remind him the real men are carrying rifles guarding the nation.
Sorry, but that made me bitter.
I hope you'll be all right.
Yes you do coz if your resisting arrest they have a case like your suspected of murder but they didn't need to handcuff or assault you. They basically assaulted you and your rights so if they caused you any lose or damages you can sue.
You should have asked you boss for a permission slip with a signature on it... Evidently, someone had told the police that the boat was being used without permission... It is always a good Idea to have drivers ID in posession anyway, they have a right to run a warrant check if somthing doesnt jive... this doesnt sound right... Was anyone drinking or smoking near the boat?. .. The injuries you suffered you should consult an attorney... make sure you explain everything and documentation
First FILE a complaint of assult with the REAL police station in that town that it happened. Then gather all your medical evidence of what this assault did to you and take with you a copy of the assault complaint you made (make) with the police and go down to small claims court and sue them. Sue each guard or sue the company they work for.
Security guards can only arrest, not detain. Only time they can detain is to investigate theft. In this case they had the right to hold you there until they sort everything out. You messed up by not complying with the guard. One thing to remember is you should always treat a guard as if he is a cop, because many cops work as security guards on their off time and while guarding they can easilly use their police authority if they have to. And while you're on the property the guard is protecting, he has to do his job. I feel that there is alot of information left out in your story, so it's hard to say if you do or don't have a case. The question is if he used reasonable force or excessive. Another question is what proof do you have. You would have to prove him wrong, which is hard to do. All I can say is next time just comply with the guards, why be smart with them if you did nothing wrong. But if you can prove that he used excessive force, you can charge him criminally, and also sue him in civil court to get your medical bills paid off. Good Luck
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