If my dad is a 56 year old man who was caught shoplifting but was manhandled as a result, should we file assault charges on the employee?

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If my dad is a 56 year old man who was caught shoplifting but was manhandled as a result, should we file assault charges on the employee?

He left the building and 2 employees followed him outside; 1 of them tackled him to the ground putting him in a choke hold. While doing this he ripped his coat and jeans. He than picked my dad up off the ground and threw him against the side of the building. My dad has marks on his chest and bruised ribs.

Asked on November 29, 2012 under Criminal Law, Iowa

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Potentially your father may have a claim for excessive force when a citizen's arrest was conducted of himself with respect to the shoplifting incident that you have written about. In order for your father to have a possible claim against the people who assaulted and battered him he should consult with a personal injury attorney for assistance on such a possibility.


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