Legal Question in Civil Litigation in Indiana

My husband was pulled over by a private security guard in our subdivion (in front of our house) because his license sticker was on the wrong side. I walked over to see what happend and he told me to step away from the car and started to be rude to me. Then he asked for my license. It was evident that I didn't have one with me and I told him I didn't have it on me. Did I have to provide him with a license. He said he can arrest me with a misdeameanor for not stepping away from my husbands car and I explained I just wanted to see what had happened....(my 12 year old son was in car). I provided him with my name and then he called for back-up (2 more security guards showed up). I had on shorts/T-shirt.........lived in this subdivision for 16 years and of course have never had a problem! I hate that he was on a power trip and they way he treated me and spoke to me. Do I have rights and can I file a complaint. No tickets were issued.


Asked on 7/29/10, 7:48 pm

3 Answers from Attorneys
Jay Rigdon Rockhill Pinnick LLP

You are always able to complain to your homeowners association about the conduct of its security force.

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Answered on 8/04/10, 5:51 am
Voyle A. Glover Attorney at Law

There might be a cause of action against the guard, and perhaps the firm that hired him, but it's not clear from the facts here. There's also an issue of damages, so it becomes a question of whether or not it is worth investing time and money into a lawsuit, where the return is very uncertain.

However, I would certainly lodge written complaints against the employee with his employer and the homeowner's association.

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Answered on 8/05/10, 7:14 pm

You can complain to the homeowners association and his employer. However, before doing so, you might want to determine the extent of the authority that the association provided to the security company. You also might want to determine whether the security officer was an off duty police officer. However, as Mr. Glover stated there are no damages evident from your submission.

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Answered on 8/06/10, 4:31 am


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