9/29/2009 12:58pm, #11
- Join Date
- Jul 2008
- Donegal, Ireland
- MMA / BJJ / Judo
Actually over here (Ireland) I am allowed to physically remove someone if i ask them to leave and they refuse.
Obviously the level of force I am allowed to use must be reasonable.
9/29/2009 1:03pm, #12
9/29/2009 2:00pm, #13
- Join Date
- Oct 2007
- Trondheim (Located in Norway)
- Kickboxing, BJJ, exTKD
Next to common sense, i think boxing for getting used to people hitting you in the face. And Judo for grabbing people and controlling them.
9/29/2009 2:03pm, #14
- Join Date
- Oct 2005
9/29/2009 2:17pm, #15
Much depends on their state law and their dept. policy about off duty employment and arrest powers. Technically, if they have 24/7 arrest powers and the establishment gives them "agent power" then they can make a trespass arrest. Of course I am referring to how "trespass" as a penal law violation is dealt with in NY.
My personal work "rule of thumb" is: if I have to lay hands on you you are going to jail. I would NEVER strike, choke or throw somebody unless I was going to charge them with something, with few exceptions like forcing a mental evaluation.
I am not allowed to work off duty at an establishment that serves alcohol. Situations like that are prime for what we call "shitters"...the risk of career effecting situations isnt worth the extra money.
9/29/2009 2:31pm, #16
- Join Date
- Jan 2006
- Sherwood, OR
- SAMBO/BJJ/Judo and others
There was an incident a few years ago where a guy attempted to leave on a $1,000 bill at a local strip club, a fight ensued, was restrained and pinned by two very large bouncers. Unfortunately, the gentleman died due to "chest Compression" and the gentleman having a heart abnormality. The bouncers did not have charges filed against them, but a civil suit was filed.
It's interesting on how careful a bouncer has to be in regards to using force.
No Charges in Spearmint Rhino Death
Wednesday, March 7, 2007
By Ethan Stewart (Contact)
More than six months after David Klotz died outside the Spearmint Rhino Gentlemen’s Club, the Santa Barbara District Attorney’s office concluded their investigation Wednesday—opting not to file any charges in the death. After reviewing video tape of the incident, several eye witness accounts and the findings of two separate though occasionally conflicting forensic pathology experts, the district attorney ruled that there was “insufficient basis in fact or law” to press charges against the two bouncers who forcibly removed the 26 year-old Klotz from the club and physically detained him for some 21 minutes until police arrived. Though nothing is official yet, sources close to the Klotz family state a civil case will be brought against the club in coming weeks.
An accountant from San Francisco, Klotz tangled with bouncers at the strip club shortly after 3 a.m. on September 2, 2006. After disputing an approximate $1,000 bill he had rung up while receiving more than an hour of private lap dances, Klotz, according to witness accounts, was attempting to leave the cub in order to use an ATM machine when the dispute turned physical. Punches were thrown and general chaos ensued with two bouncers eventually forcing Klotz out of the club and driving him down into the ground. Once outside, two bouncers—whom police estimated were respectively 240 pounds and 6’ 3” and 460 pounds and 6’11”—used their larger frames and a variety of holds to restrain the struggling 180 pound, 5’7” Klotz face down in a wood chipped area near the sidewalk. As witness Kyle Hembree later explained it, “The guy was struggling and kicking, just fighting back for a while. But then he went limp and they just stayed on him.” Autopsy reports later stated that Klotz had a blood alcohol level of .19 at the time of his death—more than twice the legal limit had he been driving. (For a more detailed description of events surrounding the night read ""Vice and Violence", the September 7 Independent story on the event.
According to the DA’s statement, responding officers detected a “weak” heart rate on Klotz shirtless, limp body and—after initially handcuffing him—attempted to revive him while waiting for an ambulance, though CPR was not initiated until paramedics were on the scene. Tests at Cottage Hospital indicated that Klotz’s brain activity had ceased and a short time later his parents, who had to travel from several hundred miles away to make the decision, opted to stop life support. Klotz was pronounced dead at 1:32 p.m. on the September 2.
Referencing the California Penal Code statute that governs involuntary manslaughter, the DA’s statement concluded that Klotz’s initial resistance—coupled with testimony and corroborating video that the bouncers never appeared to strike him or intentionally choke him—prevent the case from rising to the level of criminal negligence. Interpreting the legal standards of the use of force by security personnel, the DA’s statement says, “Like all private persons, security employees can arrest or detain an offender for a public offense…The person making the arrest may use reasonable force in arresting and detaining the arrestee. What is ‘reasonable force’ depends on the facts of the given incident.” David%20Klotz.jpgThe DA statement continues that “the law is also quite clear that the person being arrested has a duty to remain passive. Since the person being arrested has a duty not to resist the arrest, such resistance will affect the amount of force that will be considered reasonable.”
In the estimation of District Attorney Pat McKinley, the reason for the delay in his office’s ruling was the contraction in findings between the initial autopsy report by Dr. Robert Anthony and a second more thorough report by Dr. Ronald O’Halloran. “It would have been much easier if [O’Halloran] had said the same thing as the first guy,” explained McKinley. The first autopsy—performed by Anthony as he is the county’s go-to doctor for autopsies—claimed that Klotz’s death was the result of a heart attack caused by a pre-existing heart condition known as a severe atherosclerotic occlusion and not the result of strangle holds or any other type of physical restraint.
For his part Dr. O’Holloran’s five-inch thick report stated that Klotz’s “most likely” cause of death was “chest compression” related to the restraint process. That being said, O’Holloran concluded that, given Klotz’s abnormal heart, it could not be proven beyond a reasonable doubt that his cause of death was asphyxiation. Noting this contradiction, the DA’ concludes its statement with the following explanation: “This conflict and uncertainty regarding the manner of death was deemed important in the decision regarding the filing of criminal charges.”
9/29/2009 2:39pm, #17
Unless the establishment is willing to pay the lawsuits they could be screwed.
I find the DA's statement about resisting arrest interesting. In NY you have to be a LEO to charge resisting:
§ 205.30 Resisting arrest.
A person is guilty of resisting arrest when he intentionally prevents
or attempts to prevent a police officer or peace officer from effecting
an authorized arrest of himself or another person.
Resisting arrest is a class A misdemeanor.
Last edited by tgace; 9/29/2009 2:48pm at .
9/29/2009 3:24pm, #18
Definitely Wing Chung. FOOM!!!!
(incidentally, last week we had a "foom foom" seminar. It was cool. Guess who taught it?"We often joke -- and we really wish it were a joke -- that you will only encounter two basic problems with your 'self-defense' training.
1) That it doesn't work
2) That it does work"
9/29/2009 3:58pm, #19
- Join Date
- Sep 2006
- Judo & BJJ
I'm not sure about Nevada, but many states have a common law doctrine called "Shopkeeper's privilege", codified as merchant's statutes in some places. Basically, the law gives the store owner the right to hold suspected shoplifters or those involved with the theft of services for a reasonable time in a reasonable manner to investigate the theft and call the police. http://en.wikipedia.org/wiki/Shopkeeper%27s_privilege
The establishment would almost certainly be sued, too. They're the deep pocket.
One of the BBs at my judo dojo has a ton of war stories from his work as a bouncer. Judo works really well.
9/29/2009 4:09pm, #20
A person may, pursuant to the ensuing provisions of this article,
use physical force upon another person in defense of himself or a third
person, or in defense of premises, or in order to prevent larceny of or
criminal mischief to property, or in order to effect an arrest or
prevent an escape from custody. Whenever a person is authorized by any
such provision to use deadly physical force in any given circumstance,
nothing contained in any other such provision may be deemed to negate or
qualify such authorization.
I'm split on the issue. Tell people to not act, and let crooks know they can get away or say getting involved is a good thing and have people expose themselves to litigation.