Visitor Question

Kid grabbed by the back of the neck…

Submitted By: Matthew (Rock Springs, WY)

My kid was roughly grabbed by the back of his neck by a manager at the Family Recreation Center and then forced to walk to his office by the scruff of his neck. Three of my kid’s friends witnessed the assault. Beforehand the kids were goofing around and play fighting.

Is this assault? Is there anything I can do legally about this? What action should I take? Should I confront the manager or speak to the head manager? Should I hire a lawyer? Thank you for any information you can give.

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 Matthew,

While your child probably didn’t like being grabbed by the neck and escorted to the office by the manager of the family recreational center, unless your child sustained some type of injury, the action does not constitute an assault, either for criminal or civil purposes.

While you tend to minimize the cause of the event, the manager likely made a decision your son’s activities were inappropriate and possibly dangerous to himself or others. That’s why there are managers at recreational facilities. That’s what they do.

You can speak with the manager to understand why he or she took the action. You probably should have done so right after the incident. By doing so you would have a better understanding of the manager’s actions, as well as your son’s.

If you aren’t satisfied with the manager’s explanation, ask to speak with the head manager. At most, both managers may admit to having overreacted, but the overreaction in and of itself is nothing more than a mistake, and certainly not an assault.

You will not find an attorney to represent your son in this matter. To help you decide whether or not you need an attorney, read this article.

The mere touching, or in this case “grabbing” of an individual is normally not sufficient to rise to the level of an assault. The action may have been inappropriate, and your son may have been embarrassed, but there exists a huge chasm between embarrassment and physical injury.

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: January 15, 2016

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