Walmart Greeter Who Was Attacked During Receipt Check Gets $20,000 Settlement

[hegemony]

for those who don't like receipt checks...

 

http://consumerist.com/5303043/walmart-gre...0000-settlement

[GEORGE]

[hegemony]

not off topic when you consider the number of times people in this subforum talk about whether showing a receipt should be allowed.

[centex]

not off topic when you consider the number of times people in this subforum talk about whether showing a receipt should be allowed.

 

Hege, you KNEW you were in a no-win situation...if the greeter lost, you would have been a box-basher. Instead, you get bashed for posting what was felt to be verboten.

[hegemony]

not off topic when you consider the number of times people in this subforum talk about whether showing a receipt should be allowed.

 

Hege, you KNEW you were in a no-win situation...if the greeter lost, you would have been a box-basher. Instead, you get bashed for posting what was felt to be verboten.

 

From the details I read I am glad the greater won, but alas as you point out there are some souls who will simple say whatever is diametrically opposed to my comments.

[athensgaguy]

So the greeter assaulted committed the crime of simple battery against someone then sued the victim and won? Interesting tactic.

Edited July 1, 2009 by athensgaguy

[webworm98]

So the greeter assaulted committed the crime of simple battery against someone then sued the victim and won? Interesting tactic.

 

So me bumping into someone in a store is an assault?

 

I am glad I didnt run into him with a grocery cart. (Hegemony this is meant as a joke)

Edited July 2, 2009 by webworm98

[hegemony]

So the greeter assaulted committed the crime of simple battery against someone then sued the victim and won? Interesting tactic.

 

So me bumping into someone in a store is an assault?

 

I am glad I didnt run into him with a grocery cart. (Hegemony this is meant as a joke)

grocery card or one of those "hover-round" electric carts LOL

[athensgaguy]

So the greeter assaulted committed the crime of simple battery against someone then sued the victim and won? Interesting tactic.

 

So me bumping into someone in a store is an assault?

 

I am glad I didnt run into him with a grocery cart. (Hegemony this is meant as a joke)

 

If you did it on purpose, it's battery.

[webworm98]

So the greeter assaulted committed the crime of simple battery against someone then sued the victim and won? Interesting tactic.

 

So me bumping into someone in a store is an assault?

 

I am glad I didnt run into him with a grocery cart. (Hegemony this is meant as a joke)

grocery card or one of those "hover-round" electric carts LOL

 

Very funny. I dont use one of those yet. However, I cant blame someone of them for running over customer(S). People do not move out of your way and some are reckless drivers with that. The majority of the people do fine using that. I always wonder how they would reach the top shelf without assitance. No offense meant to the people who do use them.

Edited July 2, 2009 by webworm98

[Uncle Leo]

So the greeter assaulted committed the crime of simple battery against someone then sued the victim and won? Interesting tactic.

When assaulted, one does not then have free reign to respond in any way they choose. There are still reasonable legal limits, and this "victim" exceeded them.

 

If this "victim" is bothered by the assault, he is free to file his own lawsuit and seek damages.

[athensgaguy]

So the greeter assaulted committed the crime of simple battery against someone then sued the victim and won? Interesting tactic.

When assaulted, one does not then have free reign to respond in any way they choose. There are still reasonable legal limits, and this "victim" exceeded them.

 

If this "victim" is bothered by the assault, he is free to file his own lawsuit and seek damages.

 

 

 

 

I read the article, and I don't see that he did anything out of bounds. He pushed someone that was unlawfully attempting to detain him and unlawfully touched him (battery). Maybe being a cop was the reason he lost. As a citizen, I have no duty to warn, though it is unlikely I would have defended myself. I would have yelled and walked on most likely.

[webworm98]

So the greeter assaulted committed the crime of simple battery against someone then sued the victim and won? Interesting tactic.

When assaulted, one does not then have free reign to respond in any way they choose. There are still reasonable legal limits, and this "victim" exceeded them.

 

If this "victim" is bothered by the assault, he is free to file his own lawsuit and seek damages.

 

 

 

 

I read the article, and I don't see that he did anything out of bounds. He pushed someone that was unlawfully attempting to detain him and unlawfully touched him (battery). Maybe being a cop was the reason he lost. As a citizen, I have no duty to warn, though it is unlikely I would have defended myself. I would have yelled and walked on most likely.

 

athensgaguy

I am going to have to disagree. The greater touching someone on the shoulder is not battery or an assault. What if the person, the greater was trying to get his or her attention was hard of hearing or deaf?

[athensgaguy]

So the greeter assaulted committed the crime of simple battery against someone then sued the victim and won? Interesting tactic.

When assaulted, one does not then have free reign to respond in any way they choose. There are still reasonable legal limits, and this "victim" exceeded them.

 

If this "victim" is bothered by the assault, he is free to file his own lawsuit and seek damages.

 

 

 

 

I read the article, and I don't see that he did anything out of bounds. He pushed someone that was unlawfully attempting to detain him and unlawfully touched him (battery). Maybe being a cop was the reason he lost. As a citizen, I have no duty to warn, though it is unlikely I would have defended myself. I would have yelled and walked on most likely.

 

athensgaguy

I am going to have to disagree. The greater touching someone on the shoulder is not battery or an assault. What if the person, the greater was trying to get his or her attention was hard of hearing or deaf?

 

 

You can disagree, but what the employee did easily fits within the definition of simple battery.

[Uncle Leo]

So the greeter assaulted committed the crime of simple battery against someone then sued the victim and won? Interesting tactic.

When assaulted, one does not then have free reign to respond in any way they choose. There are still reasonable legal limits, and this "victim" exceeded them.

 

If this "victim" is bothered by the assault, he is free to file his own lawsuit and seek damages.

I read the article, and I don't see that he did anything out of bounds. He pushed someone that was unlawfully attempting to detain him and unlawfully touched him (battery). Maybe being a cop was the reason he lost. As a citizen, I have no duty to warn, though it is unlikely I would have defended myself. I would have yelled and walked on most likely.

 

I read the article, too. Let's post the relevant parts here to examine the facts (as reported)...

The complaint said the greeter asked the officers for their receipts. It says Lt. McPherson complied, but Det. Freeman walked around the greeter and continued toward the door. It says the greeter asked officer Freeman to produce the receipt and he ignored him.

 

It said when the greeter touched him on the shoulder, he "suddenly and without any warning to plaintiff" turned on him and pushed him to the concrete floor.

 

Mr. Walker "struck the floor with the length of his body about five to six feet from the point of Freeman's push," it was stated.

 

It said officer Freeman stood over the greeter as he struck the floor.

 

The suit said as a result of the "physical assault" that Mr. Walker lost consciousness for a moment and defecated in his pants. It said his supervisor later allowed him to change clothing and get a clean pair of underwear.

 

The complaint said many members of the public came to the greeter's aid, including one "Good Samaritan" who "attempted to come between Freeman and the downed plaintiff, but Freeman pushed this person with such force as to drive him through the glass doors of the store."

...all the highlights in color and bold/underline are mine.

 

The red: You're either missing or ignoring the part in the law that pertains to an appropriate level of response to deal with a given situation. People are not allowed to do anything they please, to any extent, once an incident occurs. If you are saying that pushing to the ground, 5 to 6 feet away, is a reasonable reaction to a mere touch on the shoulder... even if the shoulder touch is technically 'battery'... then you're attitude is part of the problem with crime and justice in the country and I have nowhere left to go as you won't get it.

 

I will add that, being a police officer, he should know better than the average person what proper courses of action are available and thus should be held to a higher standard than said average person.

 

Now, the green: Do you give the guy a free ride for that one also?

Edited July 2, 2009 by Uncle Leo

[athensgaguy]

It depends on what the guy in the green did. Assault is the part where you threaten to commit battery. You can assault someone without touching them.

 

Yes, I am missing the part that deals with how you should respond to simple battery. Where is it codified?

 

I personally think that the 99% of police officer that are criminal give the rest a bad name, but I'm not a fan of being touched without permission, especially if that person is attempting to detain me unlawfully.

Edited July 5, 2009 by athensgaguy

[hurricanesfans27]

the greeter was doing his job.. this scumbag cop needs to be out of a job and get his flowers kicked. the cop is lucky he didnt get shot .

[athensgaguy]

the greeter was doing his job.. this scumbag cop needs to be out of a job and get his flowers kicked. the cop is lucky he didnt get shot .

 

I definitely agree about the second part. However, I doubt the greeter's job involves touching paying customers as they exit.

Edited July 5, 2009 by athensgaguy

[hurricanesfans27]

the greeter was doing his job.. this scumbag cop needs to be out of a job and get his flowers kicked. the cop is lucky he didnt get shot .

 

I definitely agree about the second part. However, I doubt the greeter's job involves touching paying customers as they exit.

 

 

well the cop shouldnt think he was so special he couldnt produce a receipt. the world doesnt revolve around him. like i said .. you strike an old man or woman around me i dont care who you know youre likely to have a nightstick shoved halfway up your butt sideways.

[GEORGE]

THINK--->HIGHER STANDARDS

 

You don't go around beating up old door greeters

 

But then some HERE think that they are only working at WALMART as if collecting unemployment would be better...or just not working at all

[athensgaguy]

the greeter was doing his job.. this scumbag cop needs to be out of a job and get his flowers kicked. the cop is lucky he didnt get shot .

 

I definitely agree about the second part. However, I doubt the greeter's job involves touching paying customers as they exit.

 

 

well the cop shouldnt think he was so special he couldnt produce a receipt. the world doesnt revolve around him. like i said .. you strike an old man or woman around me i dont care who you know youre likely to have a nightstick shoved halfway up your butt sideways.

 

I think I'm so special that I don't produce a receipt, too.

 

Generally: "May I see your receipt?"

Me: "No, thanks"

 

I haven't had one try to grab me yet. It depends on how they tried to do that on how I would react. Some people have been treated very poorly. If they tried to detain me or take what I purchased, then there would be trouble.

[Uncle Leo]

It depends on what the guy in the green did. Assault is the part where you threaten to commit battery. You can assault someone without touching them.

 

Yes, I am missing the part that deals with how you should respond to simple battery. Where is it codified?

 

I personally think that the 99% of police officer that are criminal give the rest a bad name, but I'm not a fan of being touched without permission, especially if that person is attempting to detain me unlawfully.

Since when must everything be codified?

 

Reasonable Force

 

The amount of force necessary to protect oneself or one's property. Reasonable force is a term associated with defending one's person or property from a violent attack, theft, or other type of unlawful aggression. It may be used as a defense in a criminal trial or to defend oneself in a suit alleging tortious conduct. If one uses excessive force, or more than the force necessary for such protection, he or she may be considered to have forfeited the right to defense. Reasonable force is also known as legal force.

 

A person is generally justified in using force that is intended or likely to cause death or great bodily harm if the person reasonably believes that such force is necessary to prevent the commission of a forcible felony. The person is also generally justified in using such extreme force to prevent or terminate another's unlawful entry into or attack upon a dwelling, if: (1) the entry is made or attempted in a violent manner and he reasonably believes that such force is necessary to prevent personal violence to himself or another then in the dwelling, or (2) he reasonably believes that such force is necessary to prevent the commission of a felony in the dwelling.

[athensgaguy]

I'm not saying the officer was in the right here. However, the greeter certainly instigated the customer (I'm guessing that the cop was off duty or plain clothes) by unlawfully touching him. It's too bad for him that the customer turned out to be a bully.

 

I personally wouldn't have responded so harshly in that circumstance, but just how far do you let it go? What if they block the door? What if they try to remove my property from me? At what point do I fight back?

[webworm98]

I'm not saying the officer was in the right here. However, the greeter certainly instigated the customer (I'm guessing that the cop was off duty or plain clothes) by unlawfully touching him. It's too bad for him that the customer turned out to be a bully.

 

I personally wouldn't have responded so harshly in that circumstance, but just how far do you let it go? What if they block the door? What if they try to remove my property from me? At what point do I fight back?

 

 

Touching or lightly tapping or even accidentally bumping someone is not unlawful.

 

When I am at store, I bump into people and people bump into me. I do not call the unlawfully touching,

[athensgaguy]

I'm not saying the officer was in the right here. However, the greeter certainly instigated the customer (I'm guessing that the cop was off duty or plain clothes) by unlawfully touching him. It's too bad for him that the customer turned out to be a bully.

 

I personally wouldn't have responded so harshly in that circumstance, but just how far do you let it go? What if they block the door? What if they try to remove my property from me? At what point do I fight back?

 

 

Touching or lightly tapping or even accidentally bumping someone is not unlawful.

 

When I am at store, I bump into people and people bump into me. I do not call the unlawfully touching,

 

Simple battery may include any form of non-consensual harmful or insulting contact, regardless of the injury caused.

 

It is that.