Assault and Battery by Security Guard for No Vaccine Card

What Is an Assault and a Battery?

Assault and battery are intentional crimes, they don’t happen by accident. There are different types of criminal battery, such as:

• Domestic violence battery
• Aggravated battery
• Simple battery
• Sexual battery

In most cases, an assault puts the person in fear of being hurt, and a battery is when the person is actually hurt by someone who assaults the person. An assault is an intentional act that brings a feeling or the perception of fear the person it is directed against, feels he or she is going to suffer a type of physical harm. This puts a person in fear that the individual is going to be assaulted. If the person doing the assaulting is a security guard, then that person is acting outside the bounds of the job and can be sued in a civil lawsuit for those actions.

If Your Personal Choice Forbids a Vaccination, Then Refused Entry Is Discrimination!

There are many people who have received and agreed to get a personal vaccine for the pandemic. There are also people who have declined to get a vaccine. If these individuals do not have proof of a vaccine because they chose not to get one, then it is not a green light to kick them out of a building for not having been vaccinated. There may be a discrimination lawsuit on the basis of being treated differently on account of not being vaccinated.

Forcefully removed from a restaurant, club or bar for NOT HAVING my Vaccine Card

Covid 19 Vax Card

If an unvaccinated person wants to enter a building, yes, there are rules that may be in place to prevent the person from entering the building without a vaccination card. If a security guard prevents someone from entering a building by committing assault and battery against the person, there may be a lawsuit that can be filed on behalf of the assaulted individual. A security guard is retained by the business owner, to secure the building, and only allow people permitted to enter the building access to enter.

Our Recent Verdicts and Settlements

“Help, I Am Assaulted When a Security Guard Threw Me Out for Not Having a Vaccination Card!”

In the event that you have been forcefully kicked out of a building for not having a vaccination card, you may have a lawsuit against the security guard. If the security guard was having a problem with you in the building, there was the need to ask you to leave. If you were forced away from the building, then the security guard may have acted above the authority of the position. The security guard is not the police, and that person cannot forcefully hurt someone to get the person to leave a building, even if the person cannot be in the building because of rules related to vaccination cards.

Assault and Battery by a Security Guard

The security guard is trained on what can and can’t be done to a person trying to forcefully gain entry into a building that the security guard is paid to patrol and secure. The security guard needs to use the authority of the job wisely and judiciously, to not hurt or injure other people in the process of securing the facility or building. The security guard can detain a person, but cannot “arrest” a person, and cannot “throw out” a person from a building, except for asking the person to leave.

If You Are Kicked Out of a Business for No Vax Card, You May Have Grounds for a Lawsuit!

As a security guard, the guard is only able to peaceably eject someone from a building. The security guard is not permitted to act in a way to assault and batter the person being ejected from a building. A security guard is actually not a law enforcement authority. Security guards are acting as security, not as an official police officer to secure a building. Even if an off-duty police officer is working on a second job as a security guard, that person is only able to act in the capacity of a security guard, not as the police.

Can I Sue and Do I Have a Case?

Yes, you can sue and you have a case and if a security guard assaults and batters you, causing personal injuries when you are forcefully ejected from a building for not having a vaccination card. A security guard is not permitted to perpetrate an assault and battery on a person entering a building. Security guards are hired to secure a building, at the permission of the building owners. Most security guards are trained as to what they can and can’t do to secure a building, such as when they are acting outside the scope of their ability. People hired as security guards need to have the right attitude and demeanor for the job, and cannot have anxiety, anger management or unstable personalities, or they will pose a threat to the safety of the public.

California Digital Vaccination Cards

California has offered digital vaccination cards available for citizens of the state since June of this year. The California Department of Public Health suggests that residents carry with them identification that gives the details of a person’s COVID vaccination records. These records are stored in the California Immunization Registry (CAIR), which stores all vaccinations a person has had in that registry. The digital COVID vaccine card is actually really a screenshot of the online record, with a QR code attached to it. This digital vax record will verify to a business or your employer that you have been vaccinated.

This is not to be confused with fraudulent and fake vax cards, which are not valid and hold no verification of your vaccination records. Individuals need to sign up for a vaccination card, which is an electronic record of your vaccinations received to date. This digital record is not a “vaccine passport” and there is currently no requirement in California that you get a vaccine passport at this time. Many venues can ask if you have been vaccinated, before allowing you to come in. Some venues that require a vaccination card are:

• Concert halls
• Sporting stadiums
• Gyms and spas
• Bars and restaurants

In terms of restaurants, San Francisco has officially required proof of vaccination before a person is allowed to go for indoor dining, as of August 20, 2021.

Call Us Today for a Free Consultation

Security guards are not permitted to assault and batter people who are told that they cannot enter a building, on account of not possessing a vaccination card. If you have been assaulted by a security guard, you need to give our law office a call immediately. Security guards are representing their employers, they are not meant to deter from the reasonable stopping of someone from entering a building. Security guards are trained in general criminal and civil laws, and should know about the standard of care on how to treat customers and patrons to a business. If a security guard has caused your personal injuries, from being forcefully removed from a building against your will for not having a vax card, you should give us a call right away. We are able to explain the next steps to you for filing and initiating a lawsuit in this type of situation.

Other Pages on Our Website Related to This Topic
Casino Security Guard Assault and Battery
Nightclub Security Guard Liability Assault Lawyer
Sexual Harassment and Assault Lawyer for Security Personnel Attacks in Hotels and Nightclubs

Average Value of a Security Guard Assault and Battery Lawsuit