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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69362
Experience:  Over 5 years in practice
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Hi , I am a victim of crime, I was attacked by someone anonymously

Customer Question

Hi , I am a victim of crime, I was attacked by someone anonymously in a night club in cardiff. the attacker broke my jaw in two places that required an operation, it involved placing a metal plate to keep it together. once the attack has happened , the bouncer came straight from behind me and put me in a headlock crushing my jaw in my face, I am a bouncer myself, what he has done is an illegal move, and not justified force, he dragged me out straight from the dance floor all the way to outside the club. he was not prepared to let me walk out, i was suffocating in his arms and i almost fainted due to the fact he pushed my broken jaw in my face, then he handed me to the police. on the other hand, the security officers in the night club did not treat the attacker as violent as the treated me.

the police who dealt with me were even more unsympathetic at all to me being a victim, being a security officer my self, I wanted to press charges on both the attacker and the bouncer, the police refused to take my statement against the bouncer , they just would not take it. in short the police did not give a ny medical attention to deal with my injury, they forced to drive unfit to the police station and the hospital; knowing that I was unfit to drive, they sympathised with the attacker calling him a "Poor guy", they were very intimidating in their actions against me and my friend, there was an eye witness who was willing to give his account on what happened, he witnessed the attack and the bouncer treatment, they did not let me take his details even tho he was willing to give it to me, neither they took his details , they talked him out of giving his statement, they witnessed the headlock on me but they did not intervene to stop me, I was spitting clots of blood on the floor , they shouted at me to stop spitting blood on the floor, despite the fact I kept saying I have broken jaw , they can see clearly I was not able to speak , I had to drive to hospital and to police station and I dozed off on steering wheel almost had a n accident, and more and more happened from the police.

the attacker was taken to custody and was charged and will be taken to court on the 3/10, I have applied for CICA compensation for that.

the incident happened on the 17/09 , I am still chasing the police in cardiff to take my statement against the bouncer. the person who is dealing with my case is absolutely uncooperative at all.


in which I wish to raise a legal civil action against the police , effectively suing them for Discrimination and Negligence, also to sue the bouncer aor his company or both for the using excessive and unjustifiable force (I am a bouncer myself so I know what is reasonable and what is not)
I am looking for a solicitor who can take on my case to sue and persecute the bouncer and the police.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

I'm sorry if Im missing the point but what is the discrimination here?

Also, what is your loss? What are you hoping to claim?
Expert:  Jo C. replied 3 years ago.
Also, are you asking whether you have a claim or just a referral to a solicitor?

I really think you should take advice though before you start suing people as you don't want to end up paying costs.
Customer: replied 3 years ago.

I have written a reply for your first post , did you receive it ? as a reply for the second post .. I am looking for advice on how to take on the matter .. I dont know whether you can take on my case or refere me to someone who can take on my case ! I.. I know nothing about the suing process ..

Customer: replied 3 years ago.

the discrimination is that first , they backed up the bouncer and refused to take a statement from me against the bouncer on that night. I believe I have the right to press charges on any one who has done an illegal act against me.


 


the police officer was more worried to look up a suspect who he addressed as a "Poor Guy" than giving some medical attention to my injury.


 


they did not take the details and statement out of the eye witness, in my experience as a bouncer in a night club based in bristol, when there is a fight where police is involved , if there is an eye witness they still take his details in case they need his statement. the eye witnessed has not just witnessed the attack on me but also the way the bouncer dealt with me. having said that there is a CCTV footage that shows clearly the attack and the bouncer tho. I don't know hat else it shows,


 


My loss is that I have broken jaw, I can not work as a bouncer anymore for at least very long time because of the weak jaw, I can not sleep, I have numb lip that will be a very long term side effect because the break has cut a nerve, I am studying at college , I can not focus on my studies because I am on pain killers that makes sleep, I can not sleep properly because of the uncomfortableness of my broken jaw, I just started my modeling and acting career which I will have to suspend that. I am a student union president and student governor for my college, I can not do my duties. this attack has changed my life completely ,


 


I want to sue all those who were part of my agony and pain, who were involved in casing me suffering like this. I am absolutely depressed . I want to claim compensation for they have contributed into my injury, the bouncer with his assault and unjustifiable use of force and the police for their negligence to take me to hospital and treat me like a human being .

Expert:  Jo C. replied 3 years ago.
That is not unlawful discrimination I'm afraid.

To make out discrimination you have to show that they are treating you adversely for certain statutory reasons - like sex, race, etc.

This is just adverse treatment which might be unfair but its not discrimination.

You can complain to the IPCC if you were treated unfairly or contrary to their policy but I'm afraid you don't have a claim against them in civil law.

In relation to the evidence gathering issue its important that you understand this. The alleged victim does not control the case in the UK. The police gather evidence and CPS reviews the case. The complainant does not give directions to the police in the UK.

You do have a claim against the bouncer in assault and possibly his employers although they would likely argue that he was not acting at their direction.

It would be better to wait for the outcome of the criminal case though. If he is convicted then he cannot deny the assault at the civil court. If he is acquitted then you can still sue as its a lower standard of proof.

There is no claim against the police. They did not cause this loss and have not actually done anything unlawful thus far. I do understand that you feel they are acting against you but I'm afraid that is not against the law. Obviously sometimes people do make false reports and they have to investigate all avenues. That doesn't mean necessarily that they don't believe you and, in fact, he has been charged which tends to suggest that they do. It just means that they cannot be expected to act immediately upon a report without investigating properly.

You can also complain to the SIA about the bouncer but probably they know anyway.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.
Customer: replied 3 years ago.

then why did the police officer not intervene to stop the headlock?


 


why the police refused to take my allegation against the bouncer at that night when I want to do so? I said to them I want to give my statement on the bouncer, they kept saying that they are not interested ? why they were backing up the bouncer ?


 


the security company must insure that their employees have a proper training , also bouncers pay insurance to cover claims against them?


 


why did the police not take my injury seriously , why they kept intimidating me and my friend , the police even threatened me that If I dont make my to the police station immediately to make my statement , they will imprision me? why? I said to them I have broken jaw I am bleeding , shocked , disorientated I am not fit to drive , the police officer said this is not his problem .. what is the reason behind such vile unsypathatic treatment?

Customer: replied 3 years ago.

then why did the police officer not intervene to stop the headlock?


 


 


 


why the police refused to take my allegation against the bouncer at that night when I want to do so? I said to them I want to give my statement on the bouncer, they kept saying that they are not interested ? why they were backing up the bouncer ?


 


 


 


the security company must insure that their employees have a proper training , also bouncers pay insurance to cover claims against them?


 


 


 


why did the police not take my injury seriously , why they kept intimidating me and my friend , the police even threatened me that If I dont make my to the police station immediately to make my statement , they will imprision me? why? I said to them I have broken jaw I am bleeding , shocked , disorientated I am not fit to drive , the police officer said this is not his problem .. what is the reason behind such vile unsypathatic treatment?

Expert:  Jo C. replied 3 years ago.
You are trying to run the investigation for them I'm afraid and you are not able to do that. Thats probably why they are reacting in the way they are.

If they fail to act properly and there is loss caused at the conclusion of the case then you would have a compliant to the IPCC or possibly a negligence claim although its hard to see since ultimately they did not assault you.

Probably the police officer didn't stop the headlock because on an initial viewing he thought you were the aggressor since you see detained by bouncers. That might not be correct upon investigation but its not entirely unreasonable in the circumstances.

Thats not to say you cannot claim for assault against the bouncer.
Customer: replied 3 years ago.

in other words you suggest I have a case against the bouncer but not against the police ... I was mistreated by the police , and that is totally unfair.

Expert:  Jo C. replied 3 years ago.
At this stage that is right.

It may be unfair but this is about law not fairness.

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