I just got tossed on my skull by bouncers

I can't believe this just happened to me. I'm attending a gig of an all girl band at a club that receives mostly "redneck" cliental. This isn't a honky tonk but really and ordinary club for this region of the country. Anyway I'm there for an hour, have a total of 1 and 1/8 of a drink when I get tossed on my ass.

What happen was this. There was an all girl rock band playing. In front of the stage is a big dance floor. When I arrived NO ONE was dancing or even on the dance floor. I walked right up to the front of the stage and proceded to drink my drink and bob my head to the music. I took off my overshirt (I had a green T-shirt on underneath) and placed on the stage. There was no problem with that. As the minutes progressed I lean agaisnt the stage until one of the bouncers came along and something to the effect of "you can't lean against the stage". So I took his warning and moved a few steps back. By this time I was ready for a second beer which I went and got and returned to my spot AWAY from the stage. The band even recognizes me and remarks "wow this guy is really into the music" at this point I'm still pretty much the only person in the place dancing to the mucic. So I'm just standing there sipping my beer nodding my head to the music when another bouncer comes up, taps me on the shoulder and says "comes with me". I'm thinking 'what the fuck is this' but he is obviously an employee so to "avoid any trouble" I follow but deliberately at 4-5 paces behind him....it just didn't feel right. He (the bouncer) stops and when and reach him atleast 4 to 5 other guys (also employees) grab me. One grabs me by the throat, thereby choaking me so I couldn't yell, the others pick me up by the body and carry me out a side door. The next thing I know I'm breathless on the concrete and my glasses are gone (which I'm technically blind without). As soon as I realize what is happening and am being pushed to the alley, I put my hands behind my head and keep repeating "I'm not resisting" They continue to keep me in a choke hold, pick me up from the street and slam me against a vehicle and talking shit. The only thing I say is "What did I do?" and "I'm not resisting!". The only answer they can give me is "You spilt beer" and "I asked you leave". (I'm sure I can get the band and known witnesses to collaborate my story)

As soon as they let me go I went to the cops who patrol the area and all they wanted to do is get me to my car. After about 20 minutes of sitting in my car I went back to the deputies who were on duty to file assault comlplaints and they refused to assist me. I asked for their last names and the one deputy replied "do you see a last name?" I then asked for a badge number he replied "do you see a badge, you're about to go to jail." I decided it was best to leave and take this up in court.

Does anyone have any advice as to how I should handle this. I want to raise lawsuits against the club, for the actions they took against me when I CLEARY wasn't an instigator in any way....believe me, if I WAS I would be bragging about it....and against the sheriffs department for ignoring my pleas for help.

Really Pissed off With a Sore Head
-AoA
now more than ever

[smegma]

skip the suit.

Unless you have video, they will all just say you had too much and were out of control.

The judge will be all: "So what's your handicap down to ?" to the cop and they will laugh and you'll spend a bunch of $$ on them laughing.

Sorry.

That is all.

I know I can get atleast two witnesses that show I only had one drink...plus the band who was paying alot of attention to me know I wasn't being disorderly or anthying...damn I hope they got video survellience in that place so I can supeona that shit...it'd probably just go missing though

[Lefty]

No, fuck that. You need a lawyer but if you act quick you can find the deputies on duty that refused a report, subponea the assholes who clocked in at the club as bouncers, and if you get your shit together fast shit will happen. Some bouncers grab people for nothing but law suits close places for exactly that shit. But act quick, cops change schedules and if time goes on, magically no one knows who was on. ACLU my friend.

[Lefty]

And get pics, or get your ass to a hospital NOW as injury documentation is a key.

Originally Posted by lefty

No, fuck that. You need a lawyer but if you act quick you can find the deputies on duty that refused a report, subponea the assholes who clocked in at the club as bouncers, and if you get your shit together fast shit will happen. Some bouncers grab people for nothing but law suits close places for exactly that shit. But act quick, cops change schedules and if time goes on, magically no one knows who was on. ACLU my friend.

My thoughts exactly...I know when I'm acting the fool and I know when I get fucked...and by God I was a saint tonight and I got fucked good by these swine...believe me I got detailed notes and this is making the local headlines this week....they fucked the wrong person for two reasons....1. financial backing...I can play with these fuckers to my pleasures...2. I'm a god damn person who likes to make a fuss and knows the right channels to go through to make sure everyone knows....these pig bastards will pay with their biz and badges.

[Lefty]

I've done some extremely strange & jacked up shit in public, but I also know the risks I'm chosing to take at that time. Well, usually...Pigs expect people to shut up & be happy they can walk away. A good starting point is an immediate complaint to the pig department that refused to take a report. Good luck!!!!!!!! But you can cause shit to happen.
Editted to say: do not write a detailed police report, especially while your pissed. They will pick it apart to your dismay later on. Brief outline, get into details w/legal counsel for presentation later on. Keep notes, but just that, KEEP THEM.

[phalanx]

AOA, that is a sickening story. IMO, a large proportion of bouncers are simply scumbags looking for an excuse to be brutal in a (sort of) socially acceptable way. Same goes for cops.

Give them some legal hassle if you can easily afford it.

[Hippie3]

hmm,
interesting case
but my guess is you're pretty much screwed
unless you have the resources needed
for a civil suit against the club itself.
even then there will be little chance for success
as they will have numerous witnesses
and the mere fact that you were drinking
will be used against you.
my guess is that you screwed up
by getting too close to the girls in the band
and made them nervous enough to complain.
also dancing all by yourself
proly gave them reason to wonder about you.
all in all you made the cardinal mistake of bar society-
you drew attention to yourself.
that in general is reserved for the regulars.
it's always optional, discretionary,
for officers on patrol to take a complaint,
they likely smelled booze on your breath
and didn't care to get involved.
you have to actually go down to the station house
to make a complaint they cannot refuse to take.
my advice would be to just shine it on and learn the lesson
of keeping a low profile in strange bars.

[Bromius]

I wouldn't advise just being quiet on this one if you have the resources. Violating some unspoken bar rule is a pathetic excuse to beat somebody up, bottom line. These guys should be made to pay for that. They may have some legal advantages, but I wouldn't exactly call it an air tight case either, especially if you have people that can attest to the fact that you were minding your own business. Were there any signs that explicitly said to stay out of that area? Also you said the cops tried to get you to your vehicle, in which case you couldn't have been drunk, unless the cop was out of his mind. I would spend most of the effort on the bouncers though, since a cop pretty much needs to get caught red handed doing something blatantly illegal to ever get in any real trouble.

I'd say fuck it. I've had some jacked up shit happen to me out at night too, and I'm not always the instigator. But any time you have to go mess with the police...you have to mess with the police. And I'm allergic to police. I'd stay away and just not go there anymore. The bouncers will probably fuck with you again.

[Hippie3]

bar bouncers beat folks up every night
and very damn few ever get paid for their bruises.
sure, you can feed the anger
and waste time and energy on redressing the wrongs of the past
but you won't get what you really want
even if you win,
which you won't.
take the opportunity instead
to learn and grow past the episode.
it's better for ya.

[Bromius]

Ok, two points -
1.) This is larger than the incident itself. Getting treated that way is not ok. Even if you don't get a cent out of the deal, you are asserting that what happened was wrong. By remaining silent, you condone the action - essentially saying that's ok that they beat me up. The fact that nothing will come of it is not certain. If something does, great, that's bonus.
2.) Unwarranted aggression is not socially acceptable behavior. The assholes that pounded on AoA obviously think it is. Maybe having some charges filed against them would give them some pause the next time they decide to gang up on somebody. So if nothing else he may be doing a guy down the line a favor. You might even be helping the aggressors in the future by encouraging responsible use of force, since it isn't too hard to kill somebody on accident (maybe by dropping them on their head just right)

I agree with funky though, I wouldn't go back there.

[Lefty]

By taking him back to his car they just might have been trying to hang a DUI on him.
I'd try to do something about it, but Hip is very right about laying low in strange bars.

This really isn't a strange bar..we're a college town and this is a nightclub that caters to the college students like myself. I've tried and tried to rationalize the series of events but it's completely unacceptable. I'm not a violent person and am in no way intimidating. This was a case of some rednecks taking a goofball out back and having a good ole time with him. I don't care about compensation...it's not going to take away the shooting pain out of my neck, the throbbing skull (all the way from the back of my head straight through to my eyeballs is nothing but throbbing dull pain). If they wanted me out of the club its there right as a private establishment to eject people they don't like but the violence I was victim of was extreme and uncalled for. I simply can't chalk it up expeirence alone sit back and condone this. Fortunately this is america and the phone book is full of cut-throat ambulance chasing parasite lawyers who live for shit like this, also I work close within the press and can make this heard.

By the way I went to the Emergency room got checked out spent 6 hours getting CT scans of my skull, xrays of my spine and neck. Fortunately there were no fractures but i got major inflammation in my muscle tissue throughout my neck thats only going to get worse for the next few days. Also filled out some sort of "victims report" while there.

Didn't get any pain killers though...which is fine I'm not a big fan of pills...just some naprosyn and soma for the inflammation and a muscle relaxant. They also gave me an injection for anxiety (which i didn't even complain of) but apparently my blood pressure or pulse was through the roof.

Thats where I'm at now...3 things to do monday. 1.File reports at the station house 2.fill out paper work to obtain any previous police reports against the establishment (this may be a trend that would look great in the paper) 3. talk to a lawyer to discuss my options.

Peace
-AoA

[anticheffy]

Hips right bud

and you wont win

just a fact of life

bummer but true

Originally Posted by cheffybluegills

Hips right bud

and you wont win

just a fact of life

bummer but true

It may not be such a long shot...

regardless it's not always whether you win or lose but what kind of fight you put up.

-AoA

http://www.crimedoctor.com/nightclub_security_3.htm

here's and excerpt...visit the site for more.

Use of Force

Because of my work as a consultant, I am aware of incidents where bouncers have broken bones of ejected customers. I have heard many stories about fights where the bouncers have pummeled a customer for refusing to leave the premises. There have been cases where intoxicated customers have been killed after being taken into custody by bouncers by either asphyxiation or by use of deadly force. This is not supposed to happen.

There’s a common misconception that bouncers have authority to pick someone up and physically remove him or her from the premises for violating a rule. It is believed that bouncers can use pain compliance holds and full-nelsons, chokeholds, wristlocks, and arm bars to manhandle their patrons. This is not true. Simply stated bouncers cannot legally use force unless they are taking someone into custody or in self-defense. When force is used it must be reasonable. That means no tackling, no punching, no kicking, no choking, no head butts, no piling on top, and no pain compliance holds.

The authority of a bouncer or any other security person is the same as any ordinary citizen. Bouncers have no special authority to physically eject a customer who merely becomes intoxicated or verbally obnoxious. As an employee of the nightclub, bouncers can only demand that the undesirable customer leave. If the customer refuses to leave your only legal recourse is to call the police. Sometimes a warning that the police will be called has the same effect causing the customer to depart. The police can remove an unwanted patron and issue a formal trespass warning not to return. If the customer returns after receiving this formal warning they are subject to arrest.

[destroy_erase_improve]

heres the scoop
most cops that patrol the nightclub area are buddies with the bouncers or owners in some way, they scratch each others backs in most cases. ive seen people end up in the hospital from bouncers with nothing ever happening to anyone legally. video tapes dissappear, bouncers are ususally paid cash, and reports are rarely taken (as you see firsthand)

im betting you wont win a thing in court, BUT you CAN complain and file a report about the officers. go to the hospital, take pictures and document wounds. go down to the district and file complaints on the officers, (you should know their names or badge nubmers) and they have a log of where they are stationed so dont sweat it, they will know what is what. you probably wont win shit against the officers either, but you will tarnish their record, and if something happens on their clock again, it will be documented that it isnt the first time they turned a blind eye. never know what can prompt an IA investigation.

you wont get any monetary repirations out of this, but raising hell and letting people know you arent happy about how shit went down DOES make one feel much better than sitting on your thumbs and sucking it up.

good luck

[Fongo]

wow that sucks

good luck getting this shit sorted out

I hope these guys get what they have coming to them.

[sleepwalker]

get a camera and have someone do the same thibg that you did and video tape them doing it to someon else or have others come foward about past baouncer misconduct fight this one...life is a fight dont give up you have rights and i think if you represent yourself in a mature and wellunderstanding maner then you will be favored over the jug head bouncers...just my two cents...peace

[highflyer]

I agree with what destroy has to say.

You probably wont win anything against the nightclub or the police. Im sure you know that. Its not bad to file a police report against the bouncers and to file complaints against the officers who declined to take your report. Any report made has to be followed up on, and then there is documentation for any future problems. Also never talk to an officer about things like this without getting their name and badge number. If they are dicks then get their patrol car plate. If you have a lawyer then shoot him a call and see what he has to say. They will give much better/more complete info than Im sure anyone here can. They will tell you how best to procede, and how to not get arested when you see any of those bouncers again.

[Hippie3]

If you have a lawyer then shoot him

good advice.
seriously,
a lawyer is going to be getting paid by you
so he has good reason to lead you to think
you might win a settlement.
but you have no fractures,
no stitches either apparently.
no injuries severe enough to merit
hospital stay or even pain meds.

the police did nothing wrong either,
they were under no obligation to take your complaint
or accompany you back to the bar.

mark my words-
they will get away with what was done
and you'll only injure yourself
if you insist on pursuing the issue.
bet on it.

[destroy_erase_improve]

"the police did nothing wrong either,
they were under no obligation to take your complaint
or accompany you back to the bar."

i dont agree with this part
police are supposed to investigate complaints of misconduct by enforcers, and assaults. if there are no signs of an attack on the person, the SHOULD still go to the club and question what happened. from that point they can decide what to do. there is a line between evicting someone from a club and an assault.

they also have to file reports, whether its a minor fender bender, or a minor scuffle. they have the ability to say "look man just go home and forget about it", but when push comes to shove, if someone is set on filing a report, and he does have any signs of an attack, they have to file. it is their legal recourse in court for any restitution needed and also for pressing charges. its a core foundation for a lawsuit. police reports , no matter how minor, show not only that something occured, but hopefully map out in detail what occured. (acording to that person)

i worked in a nightclub for a good amount of time, and again, ill say that the police on duty at that shift and the bouncers and owners probably know each other. ive seen cops show up after the bouncers beat on someone for no good reason, and then see the cops either just send him on his way without filing any report, or lock the guy who was assaulted up.(icing on the cake ).

[Hippie3]

they only are required to file a report
if they WITNESSED the crime.
otherwise you have to go down to the police station
should they decline to act on your verbal complaint.
i'm not talking theory here,
i've seen it many times.
just try telling a cop what he is supposed to do!
lol
and be sure to have bail money on hand.

[destroy_erase_improve]

why is it that when someone gets jumped on the street the cops put him in the back of the car and look for the assailants, but if he gets jumped at a club he has to go to the district to file a report?

i agree about going to the district to complain if you get nowhere with the officers on duty in that area, i also think he should have called 911 and asked for another patrol car if the ones there didnt do anything. the calls are recorded and are commonly used for evidence.

i also agree that telling a cop what to do wont get you very far.

all in all in the end i dont think much is going to happen to anyone inparticular, but making plenty of noise and getting it on the record really can help the next guy.

[Hippie3]

why is it that when someone gets jumped on the street the cops put him in the back of the car and look for the assailants, but if he gets jumped at a club he has to go to the district to file a report?

two factors leap to mind instantly-
one- a street is public
but a bar is private.
people in bars are consuming alcohol,
which makes them unreliable witnesses.
our friend here probably doesn't exactly look
like john q. citizen either,
another possible factor to consider.
sure,
it's not fair.
and if you are rich,
you could probably get some kind of justice here.
but if you ain't,
then you won't.
it's just that simple.

[Bromius]

As far as I can see there are no god-given, inalienable rights for anybody. The only time a person has any rights is because they asserted them for themselves or because in the past somebody did it for them (i.e. Rev. War --> Bill of Rights). I'm glad AoA is in a position to do something about what happened. Seems like he has the spine to take some action and the sense to try and do it properly. I wish you the best of luck man, and thanks for asserting that we should be free of unjust violence.

[destroy_erase_improve]

well what is fair and what is not fair isnt really what im debating. im debating what they are supposed to do. and they are supposed to investigate any assaults. it is a private club open to the public. just because an assault happens inside of it doesnt mean the officer cant go in and find out whats what. of course im speaking in terms of the ideal world.

from the get go i was saying that not much is going to be accomplished, just for that reason. that we dont live in the ideal world. in reality. the bouncers are more than likely not on the books, the owner is gonna say JOHN WHO? and that is that. in front of a judge he will ask if AOA was drinking, blah blah. and nothing will come of it.

im not so much surprised by the bouncers actions, as ive seen this firsthand at the club and MOST, and i stress MOST of the bouncers that are hired are steroid pumping bullies (not all because a few were very cool and very calm and collected).
it is moreso the officers who brother with them, and take their side no matter what the situation. that always bothered me, and this thread is just reminding me of that. we pay them to protect our rights, and they turn a blind eye and dont want to do paperwork.

Originally Posted by Hippie3

good advice.
seriously,
a lawyer is going to be getting paid by you
so he has good reason to lead you to think
you might win a settlement.

I'm not talking about hiring Matlock or Denny Crane...but one of these personal injury guys that "we don't get paid unless we win".

Originally Posted by Hippie3

our friend here probably doesn't exactly look
like john q. citizen either,

Lol..Who me? Other than the fact that I'm 6'6" I looked as vanilla as the next guy in this joint. Appearence wise I look like you normal, law-abiding, tax paying God fearing citizen.

[destroy_erase_improve]

Originally Posted by afraidofamerica

I'm not talking about hiring Matlock or Denny Crane...but one of these personal injury guys that "we don't get paid unless we win".

they are good but the catch 22 is they wont take the case unless they feel very strongly you are a sure win. otherwise they will just decline.