Legal Question in Personal Injury in California

Hi i was wondering if standing to sue bel air for excessive force against me by loss prevention...? i was arrested the other day in California for petty theft. loss prevention stopped me at the door, and told me to take the item out of my pocket, and step back in the store..I however took the item out of my pocket, and placed in back into the store. The loss prevention started grabbing me and telling me to step back into the store. I told them no, and they kept pushing me back into the store. Then i ran from them, they chased me down. (this is over a $12 item btw) they tackled me to the grown, and ripped my shirt, cut my hand, and brused my arm....i understand that i shouldn't steal, and im going to court for the charge. however i don't believe they had any right to use such force against me....so do i have any standing for a lawsuit?


Asked on 8/22/13, 2:27 pm

1 Answer from Attorneys
Michael Stone-Molloy The Lion's Law Office

The question of how much force is "reasonable" in this situation will be up to the jury (or the judge, if you sue in small claims). My opinion and your opinion don't matter. The only opinion that counts is the opinion of the person deciding the question. What you REALLY want to know is, what will that judge or jury likely think? In my experience, judges and juries are biased against shoplifters. I think it's very likely that they will say that tackling you when you were running away was "reasonable." Now, if they started punching or kicking you after that, then it would cross the line, but a tackle to stop a lawbreaker who is running will probably be just fine in the minds of the average judge or jury. The only way to know for sure however is to sue them and see what the judge or jury actually says.

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Answered on 8/23/13, 12:55 pm


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