A security officer hired by the San Diego Chargers cannot be held liable for restraining an unruly fan at Qualcomm Stadium who was making obscene gestures during a football game.
Cameron Baker was an employee of Elite Show Services, said Courthouse News Service, which the Chargers had hired to provide security at their football games. During a game in 2009 Baker and his partner were told to check on a fan who was being disruptive.
Baker found Jason Ensign, "who 'was standing up on the stairway and was belligerently waving his middle finger in a "fuck you" gesture at other spectators[.]' Mr. Ensign admits that he ingested alcohol prior to and during the football game," according to the ruling. Baker asked Ensign to follow him into the hallways of the stadium to avoid obstructing other fans' view of the game, said Courthouse News Service.
As Ensign continued to threaten and curse the security officers, they were able to restrain him. He was taken into custody by the San Diego Police Department.
Baker sued Ensign for the injury he sustained from a punch.
U.S. District Judge Cynthia Bashant ruled that Ensign cannot pursue any of his claims against Baker. She found that although Baker applied some force to Ensign, there is no evidence that he did so in an attempt to interfere with Ensign's rights through violence or threat of violence.
Nor is there evidence to support a malicious prosecution claim against Baker, who provided evidence that he never threatened to file a lawsuit against Ensign if Ensign did not plead guilty to criminal charges and pay Baker $40,000 in damages.
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