Legal Question in Civil Litigation in Indiana

Recently I attended a car race at a local county raceway. During the race I noticed a Security person below yelling and motioning in an agitated state. I wasn't aware that bottles weren't allowed in the grandstand and he noticed a cooler next to me with empty bottles on the side. He asked if the bottles were mine and I motioned yes. He ordered me to remove the bottles and again I motioned that I understood and would comply. It took a moment to explain to the others what was happening and collect the bottles. During this time the Security person became more belligerent.
As I descended the grandstand, I was concerned about how the man, someone much larger than I, was going to react.
His demeanor, appearance and actions were indicative of an angry individual vice an authoritative figure.
In my mind the best approach was to remove the cooler as quickly as possible and avoid any possible confrontation.
True to my fears the man grabbed my left shoulder from the rear at a 45 degree angle as I walked through the exit. In a flight response, I threw up my left hand in an open handed stop motion, dropped my shoulder and continued walking towards the vehicle. This was purely a defensive move and I did not stop, turn around or speak to the man.
Upon reaching the car, there was no sign of the man. After placing the cooler in the car and to further avoid the situation I went to the restroom before returning to my seat in the bleachers.
The feature race ended shortly thereafter and everyone in our party collected their things to head back to the car.
We were stopped by the police as we were leaving and I was arrested and charged with battery. I later found out the man was an auxiliary cop of some sort
who simply called his buddies to arrest me. The police report stated I shoved the man, an impossibility since I was walking away. I have 2 eye witnesses who saw the entire encounter.
At my first pre-trial conference and the prosecuting attorney offered a deferral w/no conditions.
I'm a professional man, 50 years old and have never been in trouble in my life not even a DUI. Now I'm $7000 dollars lighter.
Do I have any civil recourse against the security guard, county police or county?
Thank you.

Asked on 10/15/09, 10:24 pm

0 users found helpful

0 attorneys agreed

You may be able to file a 1983 action. You should contact a local attorney who handles those kinds of cases.

Answered on 10/27/09, 8:10 pm

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