Assault and Battery

[North95 0]

I've mentioned this problem in some other posts, but I just realized that I could ask you guys and girls your opinion. I was suspended yesterday because of an "altercation" at work.

I am, or was, a Radiologic Technologist who does CT Scans.

There was a dispute about a patient, and whether he should come to the scanner, and about what we should do about Respiratory Precautions, etc. I don't think all that is really relevant anyway. We both were getting angry, etc. He grabbed my scrub top with his hands, a little below shoulder level. Then he let go with one hand, made a fist and was about to land a punch in my face. I grabbed his shirt and tie to hold him away from me. He's significantly smaller than me, and I think my arms are longer and I could keep him from reaching me with his fist. We somehow got disengaged and I grabbed a chair and put it between us. He was on the side with the door and I told him to get out, which he wouldn't do.

So, I'm at home, suspended without pay, pending "investigation."

Assault:
Threat to inflict injury with an apparent ability to do so. Also, any intentional display of force that would give the victim reason to fear or expect immediate bodily harm.


One of my questions is whether I should report this to the cops, as it looks to me like this WAS an assault.

Battery:
A beating, or wrongful physical violence. The actual threat to use force is an "assault;" the use of it is a battery, which usually includes an assault.

Since he grabbed my shirt, I think this is also Battery

I'm not a lawyer, but I realize that these definitions and the law may vary depending on the jurisdiction. This happened in Manhattan, NYC.

Anyway, should I report this to the police? Do you think this would help my position in terms of keeping my job. (I am concerned that the hospital ((New York Presbyterian, Cornell campus)) may have a zero tolerance kind of rule). Do you think this would just make things worse? I don't know why, but I just can't decide if I should do this. I came so close yesterday, I actually walked into the police precinct. But I changed my mind, I would have been late for a physical therapy appointment. (Don't ask).

Well, anyone think they have a helpful opinion?

Blue Skies,

North

Edit: Just substituted a question mark for a period.

Another edit for spelling.

[DShiznit 0]

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Anyway, should I report this to the police? Do you think this would help my position in terms of keeping my job.

I think this is the best idea if you want to keep your job. From what I gather, you were just protecting yourself. If you report it to the police as you have written above, I think it should put you in the clear, otherwise it's going to be along the same lines as "the customer is always right".

[Dagny 0]

See, I was thinking...report it to the police, what's the point? Neither one actually caused physical damage to the other. The cops will make a report because both of them will claim assualt and battery on the other. Maybe he just wants a report.

Is the other guy suspended, too? Did anyone witness this happening?

Seems like, if your job had a zero tolerance policy, you wouldn't be suspended, you would be fired.

Good luck with it...

Take me, I am the drug; take me, I am hallucinogenic.
-Salvador Dali

[diablopilot 2]

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Anyway, should I report this to the police?

I'm not a layer, but yes I would if I were in the same situation.

I have been. I was involved in a fight where I was attacked by another employee and defended myself just enough to get out of the situation.
Then the next day I had a police report filled out, and a doctors examination of my injuries including photos (broken ribs) completed as well. I eneded up pressing no criminal charges, employer mediation and the termination of the employment of the individual were enough for me at the time. If the situation had turned ugly I would have had evidence and amunition in my corner.

----------------------------------------------
You're not as good as you think you are. Seriously.

[North95 0]

Good questions.

Yeah, the other guy was suspended too.

There was a witness, but she tells me she didn't see anything.

[skycop 0]

Sounds to me like a Menacing and Harrassment case. Since there was no injury I doubt an Assault or Battery would fly. But courts vary from state to state. It would'nt fly here in Kentucky.
IMHO
Good Luck,
P.S. If you were going to get suspended, why didn't you kick his ass, at least you'd have something to show for the suspension

"Just 'cause I'm simple, don't mean I'm stewpid!"

[North95 0]

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If you were going to get suspended, why didn't you kick his ass, at least you'd have something to show for the suspension

Believe me, I wondered the same thing.

But, I didn't know I was gonna get suspended. I thought he was gonna get fired. (Which he still may, God willing)

North

[DShiznit 0]

Oops, I read it as he was fighting with the patient, not about the patient.

CYA, man.

[North95 0]

So now that you understand that, what you think?

[DShiznit 0]

CYA = Cover your ass.

I'd still report it, because if your employer were to look at both of you, look at it from their point of view. Who would you keep?

[winsor 187]

Press charges immediately.

[Deuce 1]

Yeah! I know! I know! I was a cop for 13 years AND I played one on TV!

The simplest definition of an assault is a "Swing and a Miss" Intent coupled with attempt.

Battery is simply unwanted contact. When he grabbed your shirt he committed battery.

Cover your ass, call the cops and file a complaint. It most likely will not get filed by the District Attorney's office, but it will be a valuable record when the other guy's story changes or the hospital takes action.

X-ray kind of guy, huh? How cool. "Dude, don't piss me off, I already know what your insides are gonna look like when I'm done with you!"

[North95 0]

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"Dude, don't piss me off, I already know what your insides are gonna look like when I'm done with you!"

Damn, that's funny.

Thanks for cheering me up.

If anyone wants to get their opinion in, post now. Almost out the door to the 19th precinct (I think that's its number).

North

[lawrocket 3]

Do what Deuce said. Mainly, it will help you write something that will allow you to recall stuff in the future. Do it as soon as possible.

Also, when you write it, do not embellish it one bit. Be reasonable about it, and state what happened objectively.

Also, note that there are different definitions fro assault and bettery whether it's penal or civil. A tort suit may work here.

Bottom line - report it.

My wife is hotter than your wife.

[Guest]

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Bottom line - report it.

What Lawrocket said. File the report. DON'T WAIT FOR THE OTHER GUY TO DO IT FIRST!!!


mh

.

"The mouse does not know life until it is in the mouth of the cat."

[Deuce 1]

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DON'T WAIT FOR THE OTHER GUY TO DO IT FIRST!!!

That really is the most important thing. His version is that you pushed him and he grabbed your shirt to keep from falling to the floor and then you hit him with a chair and now he can't have an erection and his wife is going to sue you to for "lack of consort".

And monkeys will fly out of his ass.

Get on the phone.

[PhillyKev 0]

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One of my questions is whether I should report this to the cops, as it looks to me like this WAS an assault.

YES YES YES YES!!!!! If you don't, and he does first, you're screwed. See some of my other posts for examples.

Edit to add....even if the cops don't do anything about it...at least you can use your report in your defense.

[JJohnson 0]

I'm currently involved in a lawsuit...not for violence...but I can assure you that if things look like they are going against you...at least beat the piss out of the guy so you get some satisfaction...

Nothing worse than spending thousands of dollars and not at least getting to smirk at his black and blue face in the court room.

Otherwise report it to the cops now, so you look like the victim....if he reports it first you are automatically on the defense....

JJ

"Call me Darth Balls"

[North95 0]

Well, OK, I think a consensus has developed. And I guess you all are right. I really do hate to do this. The police here sometimes are unfriendly and sometimes are not happy to deal with things that don't seem important to them. But it seems I need to do this. So I've scanned my statement to the hospital and my suspension notice (in case the cops want them). And I'm out the door.

North

Repetition does not transform a lie into a truth.
Franklin D. Roosevelt

[cindee 0]

Sorry to hear this. I hope it works out for you. Do you know if the other guy has had similiar problems in the past? He sounds like a hot-head, and chances are that if he grabbed you when the discussion got heated, then he's done it before.

Cindy

__________________________________________________
"If happy little bluebirds fly above the rainbow, why oh why can't I?"

[North95 0]

The other guy did get suspended either once or twice for saying the wrong thing to a relative or patient.

Lately he's been bursting out in these ranting rages once in a while for no real good reason. Nothing physical before that I know of. This was included in my statement to my employer.

North

[cindee 0]

Well, if this guy has a history of this type of behavior, then it sounds like things will go in your favor, and he will end up getting fired.

__________________________________________________
"If happy little bluebirds fly above the rainbow, why oh why can't I?"

[North95 0]

I realized that my police station, which is across the street, might take the report, which they did.

Sheesh, was this much ado about nothing. As Skycop said, the officer said it was harassment, not assault. He said the guy wouldn't be arrested. He clearly didn't want to take a report, but I explained why I need it. He listened to me, wrote for about 3 minutes, then gave me a slip of paper and told me to call the 19th precinct, where this happened, for a report number.

Then I asked him, "don't you need the name of the other guy?" He thought for a moment and said, "no, since he won't be arrested." I asked him if I could have a copy of the report and he said I'd have to request it separately.

This is why I didn't want to do this. This made so little sense it hurt my head.

But I do have a piece of paper, with the wrong date on it, the 21st. He did put his name and badge number. I did the best I could.

Thanks people.

North

Repetition does not transform a lie into a truth.
Franklin D. Roosevelt

[North95 0]

From your lips to God' ears.

North

[pccoder 0]

File the Report, don't wait.

PcCoder.net