I was caught shoplifting at walmart was combative at first after the loss preventive pushed me up against the brick wall I had already gave them their merchandise. He is a man putting his hands and arms forcefully around my neck and had his knee on my face. I have a bruise on my head and scratches on my arms. I defended myself by biting the mans thumb. My shoulder hurts and I went to jail and I understand what I did was wrong but there was no need for a man who has no right to touch another person the way he did he is not a cop. The cops didn't even use that type of force when they arrived they were the nicest ones I dealt with. But the walmart employee was in the wrong. Can I do something about this?
When you retain a local criminal lawyer to fight this, you can ask him if it is worth the cost to pursue. Avvo has a great lawyer finder tool to locate an attorney close to your home. Good luck.
Do you want to sue him for damages, or do you want him to face charges?
These are not the same. You can make a police report alleging that the person who stopped you from stealing from his employer was too rough with you. The police will take the report. Whether the local city prosecutor or state district prosecutor will file charges constitute totally different questions.
That everything which happened flows out of you trying to steal with one of the bigger, if not biggest, private employers in your community works against you.
That you were combative when you were discovered to be stealing works against you.
That you bit the man works against you.
My best speculation is nope, charges on their LP person are simply not likely to happen.
That leaves trying to sue him civilly. Any lawyer will want to know ... what are your damages that you hope to recover? Yours sound minimal. So then the case is not about money but about the principle. Do you have a war chest to hire an attorney, or 2-3, to take on one of the world's largest companies primarily as a matter of principle on how you feel mistreated once you were outed as someone who wanted to steal something from Wally world? If not, who is to pay?
A separate question is who pays the restitution for the injury to the LP guy from the bite and/or any other injuries sustained while you were combative after being outed? This question may arise as a matter of restitution becoming due as aprt of any deal sought in your criminal case proceeding.
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