Legal Question in Criminal Law in Mississippi
bouncers at bars
my husband was drug out of his car at a bar friday night and beat the mess out of by eight bouncers, they massed him and hit him with billy clubs. he in no way threatened these people. can they do this? what rights do we have?
1 Answer from Attorneys
Re: bouncers at bars
NO, THEY CANNOT LEGALLY DO THIS. THIS IS CALLED "ASSAULT AND BATTERY" AND IT PROBABLY IS ALSO A VIOLATION OF HIS CIVIL RIGHTS. WERE THESE WHITES ATTACKING AN AFRICAN AMERICAN MAN? WAS RACE AN ISSUE IN ANY MANNER? IF SO IT WOULD BE WISE TO REPORT THE INCIDENT TO THE LOCAL OFFICE OF THE FBI AS WELL AS TO YOUR LOCAL POLICE DEPARTMENT. YOU COULD FILE A LAWSUIT FOR EXCESSIVE FORCE USED AGAINST HIM IF THEY WERE IN SECURITY UNIFORMS AND DID SO "UNDER COLOR OF LAW" (PURSUANT TO THEIR PURPORTED POSITION AS MEMBERS OF LAW ENFORCEMENT) OTHERWISE CRIMINAL ASSAULT AND BATTERY CHARGES COULD BE FILED AT YOUR LOCAL POLICE/SHERIFF'S DEPARTMENT.
YOU HAVE ONE (1) YEAR IN MISSISSIPPI TO FILE SUIT FOR EXCESSIVE FORCE IN FEDERAL COURT OR ONE (1) YEAR TO FILE SUIT IN STATE COURT FOR ASSAULT AND BATTERY, AND I WOULD RECOMMEND FILING BOTH THE CIVIL LAWSUIT AND THE CRIMINAL CHARGES AT THE SAME TIME. THAT WAY NOBODY CAN CLAIM YOU FILED THE CRIMINAL CHARGES TO PURSUE OR COERCE A SETTLEMENT IN THE CRIMINAL COURT SYSTEM.
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