Thursday, February 4, 2010

When can I sue for false imprisonment?

I was at the Bears game sunday night. My friend and I were walking down the concourse when we were forcibly cuffed by two security guards. They claimed that we had thrown a beer at a fan. This was absolutely not true. We were thrown in a holding cell in the basement for about 3 hours. We kept being threatened to confess and that they were going to call the police. Near the end they knew they weren't going to get anything out of us so they just wanted us to sign a waiver documenting the incident and waiving our right to sue. I refused and that is when they brought the cop in. He gave me a citation for disorderly conduct and I have to go to court now. The complainant was named as one of the security guards. The ticket said I was using profane language in a way to provoke a breach of the peace. The complainant wasnt even with me until they took me to the cell. They're the ones that need to prove me guilty so I will beat this charge. Can I only sue after the charges are dropped?When can I sue for false imprisonment?
You can try to sue, but most likely you won't win. Security at football games (and other venues) have the right to hold someone if they feel a crime has been committed (in this case, throwing the beer) while they conduct their investigation and/or until the police come (which may take a couple of hours depending on the size of the city). While it may seem unfair because you say you didn't throw the beer, ';false imprisonment'; doesn't really apply in this case.

You could however try to file a complaint or sue or both because of the treatment you received. But if you were drinking, it would still be a tricky thing to win. They could claim you were hostile or beligerent hence their treatment of you.When can I sue for false imprisonment?
First you can sue for anything. Second you must however have reason for the damages and have filed a claim that has been denied. Third private security can hold you for a reasonable time before turning you over to the polce (up to six hours is reasonable). Dont delay on your claim, most states have a very small window from denial of claim to filing of lawsuit and be prepared to front at least 2500 for a good nuisannce lawyer.
a cpl days ago you admitted ur friend threw the beer ya moron....NO YA CANT SUE AND YA OUTTA GET UR AZZ KICKED FOR THROWIN BEER AT PPL.....
First thing you need to do is get a lawyer. Almost all good lawyers have a free consultation visit, from that visit they determine if it's worth their time to take the case. If they so deem it to worth while that means you have a chance to win. BUT if they ask for money upfront ';a retainer fee'; then you do not have much chance of winning and the lawyer will most likely take your money and lose the case.

If you don't get the answers you want from the first lawyer then try another, and another, after 3 or 4 that don't give you want you are looking for, then you might not have a case.

Also if you do decide to retain a lawyer, remember the most important thing, he works for you, don't do something or agree to something that doesn't make sense because you think you owe him something. So many people in these type of cases get screwed.

The lawyer should work on a percentage of what he wins for you, there should be no money out of your pocket. Lawyers typically take 10- 40 % (based on my experiences) and the government takes 33%+ for taxes, so a million dollar settlement is like 250,000 to 400,000 for you.
I really don't know law but as a little bit of moral support I can tell you that if you are guilty of anything you may want to reconsider your options BUT if you are innocent (as I have been on occasions I've been imprisoned) then I'd suggest that you fight the original citation with the facts and then proceed with the findings to the civil courts on a lot more than false imprisonment- mental anguish, kidnapping,defammation etc Bring all that is legal and hellfire upon your abusers.

My reactions used to be harsh because I used to believe the system didn't work- it actually works quite well if you get the knowhow and hold your ethics.
You should not have signed a waiver!

In that situation, immediately demand a phone... No more words than

';I need a phone to contact my Lawyer';


';I need a phone to contact my Lawyer';

';I need a phone to contact my Lawyer';

';I need a phone to contact my Lawyer';

Wether you have a lawyer or not. They let you go because they do not want a lawyer involved. You could have called anyone or DEMANDED they provide a lawyer. The state must provide one for council if you cannot afford one.
Yeah, I suppose. The security guard will have to tell the story in court. The officer was responding to the complaint of the security guards. The security company will be the target for the lawsuit. They weren't police officers so you will have to see what the story is in your state.
If they were security guards, maybe. Though it could be considered they were acting in good faith that a crime had been committed working from the complaint and affidavit of another person.

If the allegations were completely untrue then you can beat the charges and have the complainant charged with filing a false report. But remember, if you were drinking at the game a prosecutor could use that against you saying that you don't remember your actions due to intoxication.
right now!
You're entitled to try. Suing for false imprisonment or wrongful arrest can be tough if the officers had probable cause or were working on a valid complaint. If these were security guards and not actual Police Officers you may have a stronger case since they do not have power of arrest. I'm guessing they were probably within their rights to detain you based on a complaint. The length of time they detained you would have to be articulated in court.

Contact an attorney and talk to them if you want.
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