What's scary about this is that the deaf shopper didnt hear the alarm going off and kept walking out causing the security to tackle him like that. I also think the other deaf person should have backed off instead of trying to get through the other security guy.
Why don't the detectors have lights on them like public fire alarms do??
ya'all - you're way over your head if you think you can sue them. trust me - the judge will throw your case out and you're wasting your money on legal fee.
Yes it's a shitty situation but nobody wins here.
It was worse than a headlock and the security guy knew that because a choke-hold is a bad gig and easier to control someone but a lot more deadly.
the cop uses this method all the time. every day.
And?
this took place inside the mall.What makes you so sure? If the men are innocent, then that was clearly assault and battery, and it took place outside the store.
Bodily harm? Assault and Battery? You might want to look up legal definition on that part. I see no such thing in this case. I see a legal detainment by security guard. Depending on state - there is a liability protection for security guard. Since this took place in California....Sure, if these were police officers of course they would get away with it. We all know that. But these are not cops; they are simply hired security guards, and they do not have any sort of legal protections for inflicting bodily harm. There are lots of cases where stores have been sued when their security guards roughed up shoplifters, even when the the shoplifter was in fact guilty.
(f) (1) A merchant may detain a person for a reasonable time for
the purpose of conducting an investigation in a reasonable manner
whenever the merchant has probable cause to believe the person to be
detained is attempting to unlawfully take or has unlawfully taken
merchandise from the merchant's premises.
A theater owner may detain a person for a reasonable time for the
purpose of conducting an investigation in a reasonable manner
whenever the theater owner has probable cause to believe the person
to be detained is attempting to operate a video recording device
within the premises of a motion picture theater without the authority
of the owner of the theater.
A person employed by a library facility may detain a person for a
reasonable time for the purpose of conducting an investigation in a
reasonable manner whenever the person employed by a library facility
has probable cause to believe the person to be detained is attempting
to unlawfully remove or has unlawfully removed books or library
materials from the premises of the library facility.
(2) In making the detention a merchant, theater owner, or a person
employed by a library facility may use a reasonable amount of
nondeadly force necessary to protect himself or herself and to
prevent escape of the person detained or the loss of tangible or
intangible property.
Best Buy's policy prohibits the employee from handling security-related issue. That's why the store hires security guard for that purpose. For greater legal protection - they hire specialized security guards - "Loss Prevention"Best Buy has a policy to simply let shoplifters run away once they are outside the building in order to avoid conflict and protect themselves legally. Any employee who breaks that rule and pursues a shoplifter outside the building is fired immediately.
both security guard and police officer receive same or similar training. They know what they're doing.
Are you aware that chokehold isn't really allowed in many places including LA?
never heard of it. got a source?
Due to risks of fatal injuries, law enforcement agencies may discourage, restrict, or forbid its use. The Los Angeles Police Department, for example, prohibited its officers from using the air choke and restricted use of the carotid hold to instances where death or serious bodily injury was threatened in about 1985, after routinely using chokeholds for many years.[6] The Singapore Police Force does not include any form of chokehold procedures in its unarmed defensive techniques.