Held Against My Will by Security Guard – Can I Sue?

Yes, it’s possible to sue a security guard for detaining you against your will. Of course, there are cases of store security and other security personnel holding someone legally, but this can only happen in limited circumstances. But many people are unfamiliar with the laws, and it’s hard to distinguish between what is allowed by police officers versus private security, or even security guards working in government buildings that are not members of law enforcement. As a result, we have been contacted by clients over the years with the following question: Can I sue for being held against my will by a security guard?

Misconduct by security guards includes assault and battery without legal justification. Essentially, a security guard uses physical force or excessive force, when less violent measures could have deescalated a situation. If you were physically or emotionally harmed because a security guard falsely detained you, contact the lawyers of Kenmore Law Group. You may have grounds for a false imprisonment lawsuit against the security guard, their employer, and other entities that were negligent in their duty of care.

Poor Judgement or Reckless Conduct by Security Guards

Given the duties that are assigned to a security guard, it may seem that they have tremendous authority over you. However, it’s essential to remember that these are private citizens, not officers of the law. It’s true that security personnel often work with law enforcement, but they are much more restricted in when and how they can hold someone and keep them from leaving the property.

Even when a security guard has reasonable cause to detain you, they cannot do so for a prolonged amount of time. This is why police must be called right away, as they have the power to take further actions, like making an arrest and placing the suspect in jail.

Security guards in California must obtain a Guard Card by undergoing a certain type of training. The training and licensing guidelines are established by the Bureau of Security and Investigate Services. Once they are issued a Guard Card, the applicant must complete another 32 hours of training before they are officially registered as security personnel.

When is Imprisonment by a Security Guard Legal?

In this section, we will talk about the conditions that make it legal for a security guard to detain someone and keep them from exiting the premises. First and foremost, a security guard must have probable cause to suspect you of a criminal act. So, this can be something overt, like witnessing a shopper taking something off a rack and putting in in their coat pocket. Some cases are not as obvious, but there has to be a reason that would lead you to believe that the suspect has done something of a criminal nature.

Even with the right to hold someone on suspicion of a crime, security guards do not have the authority to make arrests or conduct interrogations. The security guard, store management, etc. must contact the police immediately and allow them to take over. Failure to contact law enforcement immediately may be a violation of your rights and a basis for a false imprisonment lawsuit.

During your detainment, you have the right to treatment that is free of physical and mental abuse. Thus, if you were bullied or threatened, or manhandled when you did not pose a threat to anyone, this can also be used as grounds for a security guard misconduct claim.

What to Do When You are Falsely Detained by Security

Being held against your will is a frustrating and scary situation, but it’s important that you remain calm. You have the right to know why you are being detained, but don’t argue if the security guard is evasive or refuses to answer you at all. The key is to avoid doing something that can be used against you, thereby putting you at risk of being jailed by the police. Fighting back can also give the security guard a right to use force against you, thereby hurting your chances of suing for false imprisonment or excessive violence.

You can also choose to stay completely silent and not say anything until police arrive. While you are waiting, keep an eye out for:

• The name of the security guard, along with their license number and employer
• Any witnesses or surveillance cameras in the area
• Misconduct by the security guard, like pushing, shoving, making threats, and sexual harassment.

To talk about your experience and verify whether you are a victim of security guard false imprisonment, please give us a call 24 hours a day, 7 days a week.

Legal Actions Available to You

Were you wrongfully detained by a security guard? Did you suffer injuries because of physical force or excessive violence by a security guard? You have certain rights under the law, which we can go over with you during a free case review. For example, you can explore the option of filing a false imprisonment lawsuit and seeking damages for:

• Medical expenses
• Lost income / lost earning capacity
• Pain and suffering
• Emotional distress
• Property damage
• Punitive damages

You can proceed with a compensation claim against the security guard, but is this the only party that can be included in a lawsuit? One of our legal experts can help you determine if any other parties share liability. Lax hiring practices, failing to fire violent security guards, and other acts of negligence often play a role in these incidents.

Contact a Los Angeles False Imprisonment Attorney

You should not have to live in fear of a security guard overstepping their bounds and stripping you of your dignity. Though security guard false detainments happen quite often, many people struggle to navigate the legal system. With that in mind, please reach out to us here at DTLA Law Group if you or a loved one was restrained against their will or assaulted by a security guard. Our legal team is more than ready to fight for your interests and ensure that you receive the highest possible settlement.

By getting in touch with us, you can receive legal services for $0 upfront, thanks to the Zero Fee Guarantee. Instead of asking you for attorney’s fees, we wait till the case is resolved in your favor. That way, our payment is included in your settlement, and you pay absolutely nothing if we fail to win your case.

Please use the online contact form or call our office in Los Angeles for a free consultation on your rights and legal options.