Claims of excessive force by bar security guards. Defense verdict. San Diego County.

Facts and Background

• Facts and Background:

  Plaintiffs were kicked out of a Pacific Beach bar for being overly intoxicated on St. Patrick's Day, 2019. A security guard who worked at an adjacent bar, the defendant bar/restaurant, was at the first bar and witnessed plaintiffs being escorted out. He then radioed to other security guards at defendant bar/restaurant next door, letting them know that plaintiffs were heading to defendant's bar/restaurant.

  Plaintiff Grant Neag was told he could not enter the establishment given his state of intoxication. Plaintiff Neag refused to leave the area and started getting aggressive. Plaintiff Neag then spit on one of the security guards. The security guards took plaintiff Neag to the ground and effectuated a citizen's arrest. Plaintiff Phil Nosrat intervened in the fray and grabbed one of the security guards. Plaintiff Nosrat was taken to the ground and sustained a broken leg.

• Plaintiff's Contentions:

  That the defendant's security guards were untrained, not properly licensed and used excessive force.

  That plaintiff Grant Neag was surrounded by five security guards and pushed toward the street and one guard grabbed plaintiff Phil Nosrat from behind and broke his leg. That no guard effected a citizens' arrest and no one was arrested.

  The parties stipulated to plaintiffs' intoxication. Defendant did not countersue for battery or otherwise raise it as an affirmative defense. 

• Defendant's Contentions:

  That defendant's security guards were properly and sufficiently trained and used reasonable force. That plaintiffs were overly intoxicated and committed a battery.