Assault and battery lawsuit filed against nightclub and bouncers

Jon Campisi Aug. 19, 2011, 10:24am

A Philadelphia man who claims he was attacked by bouncers and security agents outside of a city nightclub is suing his alleged attackers in state court.

Philadelphia attorney Michael Pileggi filed the assault and battery lawsuit Aug. 16 at the Philadelphia Court of Common Pleas on behalf of Rashad Hallett.

The defendants named in the complaint are Club Samba, bouncer Leonard Green and security agents listed only as John Does 1 through 5.

According to the lawsuit, Hallett was walking along the sidewalk outside Club Samba back on March 11 of this year around 11:52 p.m. when he heard the defendant bouncers calling his name, yelling obscenities and threatening him with bodily harm.

“Plaintiff did not respond, and in fear of bodily harm attempted to leave the scene,” the lawsuit claims. “Defendants then without warning, cause or provocation attacked the Plaintiff beating him about the head, face and body with fists, feet and unknown objects.”

Hallett was eventually handcuffed, but the beating did not cease, the suit states.

Hallett eventually “blacked out,” and when he awoke, he was taken into custody by Philadelphia police officers. He was then transported to the hospital for treatment of his injuries.

Hallett, the suit claims, had to receive 15 stitches to close the “large laceration” on his head. He also underwent a series of tests to determine the extent of his internal and external injuries.

After his release from the hospital, Hallett was charged by police with theft of a vehicle headlight and receiving stolen property, charges, the lawsuit claims, were based solely on information provided to officers by the defendants.

On July 29 of this year, however, all of the criminal charges against Hallett were dismissed and prosecution was withdrawn.

The lawsuit accuses the defendants of negligence for using excessive and unnecessary force. It further faults the club for failing to properly train its employees, failing to have proper policies and procedures regarding the use of force and methods of restraint, failing to use appropriate and proper security measures and techniques to secure the area, and failing to attempt to intervene in the incident.

The lawsuit states that the plaintiff has suffered aggravation of pre-existing conditions in addition to the other physical injuries he sustained. He also has experienced pain and humiliation, as well as “extreme mental anguish.”

Hallett has also suffered a loss of life’s joys and a loss of earning capacity. Furthermore, Hallett has had to expend various sums on medical attention.

For the two assault and battery counts listed in the lawsuit, as well as in a third respondeat superior count, Hallett seeks judgment against the defendants in a sum not to exceed $50,000, plus interest and related court costs.

The non-jury matter has been scheduled for an April 19, 2012 arbitration hearing.

The case number is 110802612.

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