Legal Question in Civil Rights Law in Oregon

My boyfriend , his grandparents, and I went on a drive. We stopped at a Shell gas station to let his grandfather use the restroom. The owner got mad at the way we were parked. He yelled at my boyfriend and they exchanged angry words. We tried to leave but the owner kept trying to pull my boyfriend out of the car to fight. I pulled him off several times. He broke my necklace and shoved me. He also shoved the grandfather. We were trying to leave and telling him to just let us leave. He kept trying to pull my boyfriend out of the car. Finally he did and they scuffled. My boyfriend kept saying " leave me alone! Let us leave!" He finally hit the owner to get him to back off and let us leave. We left and my boyfriend was later arrested for assault 4 and harassment. How can that be if we were trying to leave? Also, can Shell gas station be held responsible for that man shoving and harassing us?


Asked on 3/29/10, 6:48 pm

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

If what you say is true, you can sue the owner for false arrest, because he caused your boyfriend to be arrested for no legitimate cause. You can also sue him for assault and battery. You can sue Shell for failing to control him. But the problem will be proving exactly what happened. Were there witnesses, other than your family and the owner himself? Do you have their names and how to contact the witnesses? If so, you should contact the witnesses and find out what they remember about it. If you do not have witnesses who back up your story, it will be hard to win. Your lawyer could file a lawsuit against the owner and subpoena all photos taken by his security cameras, but the station may not have had security cameras. And the photos might not show who started the fight. In essence, if you do not have witnesses (other than your family or friends), it will be hard to win.

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Answered on 4/04/10, 10:58 pm


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