Visitor Question

Boy thrown down by security guard…

Submitted By: Fawn (Chicago, IL)

My 13 year old nephew was protesting outside of a non profit organization in which our family has a membership. He asked to use the rest room and was told he could by a volunteer security guard if he left his sign outside since he is usually an avid volunteer.

The Executive Director, however, saw my nephew in the lobby and told another security guard to take him outside any way necessary. This security guard slammed him to the floor and put a knee into his chest, then with the help from another grown man pushed him out of the lobby.

At this point in time the non profit is refusing to give our family a copy of the security footage. Can we take legal action? What are our options for pursuing this? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Fawn,

From the facts you present, it appears the security guard and “Good Samaritan” overreacted while committing an assault upon your son. Moreover, while trespassers have no legal right to be on a someone else’s property, your son does not appear to have trespassed.

That is, unless while on the property, his legal right to be there was revoked. By revocation is meant he was told by someone with authority he was no longer permitted to be on the property, and after such revocation your son remained on the inside of the building without permission.

Your son has a right to file a criminal assault case against the security guard and Samaritan. To contact the Chicago Police your son can call 312-746-6000. He can also go directly to their street address at 3510 South Michigan Avenue, Chicago. For more information about filing a criminal case go to CLEARpath.

You or your son do not have a legal right to a copy of the security footage. At this point that footage is proprietary. If though, a criminal case is filed, the prosecutor can subpoena the footage. Because your son was not apparently injured, the facts do not support a civil claim for personal injury against the non-profit organization.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 23, 2015

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