Saturday, August 2, 2014

Marion resident sues Logan's over alleged choking by diner. (Video)

A Marion County resident filed suit a year ago against Logan's Roadhouse in U.S. District Court after he was allegedly assaulted and choked by a patron in the Hattiesburg restaurant.  He claims several individuals harassed him and his two friends, called him n*****r, and then commenced the physical attack.  He states he asked the manager several times to stop the harassment but the manager told him to move to another table. The police eventually arrived and arrested the alleged assailant. 





The amended complaint states what happened in a succinct yet vivid manner*:

On or about November 4, 2012, the Plaintiff entered the Logan’s Roadhouse at 6147 Highway 98 around 9 pm to have dinner. While Plaintiff was sitting at the table two men approached and began verbally assaulting Plaintiff’s sister and friend who were sitting at his table over a previous dispute the Plaintiff was not involved in. The police were at the property for the previous dispute and told the assailants to leave and not come back and the manager was aware of this. The Plaintiff asked the men to leave and stop verbally assaulting persons at the table. The men began to threaten Plaintiff and demanded the Plaintiff come outside. The Plaintiff is African American and the two men kept saying to Plaintiff to “come outside n****r” (using the “N” word). The manager and bartender and other employees saw this occurring and moved over to watch. The property had no security and no persons trained to handle a hate crime or violence against customers. The Plaintiff openly requested some help from the manager to remove the two men or get them away from the table from Logan’s. The two men continued to make a scene and the one man removed his shirt and was pacing the floor demanding the Plaintiff go outside and using the “N” word repeatedly.

The Plaintiff again asked for help from the manager and other employees and the bartender told Plaintiff just move to another table or just leave altogether. The manager and bartender refused to call the police as requested by the Plaintiff. At some point the Plaintiff got up from the table to try to get the manager to help stop the threats and verbal assault and the two men approached and began beating and assaulting the Plaintiff. They hit him and knocked him to the floor. One man got on top of the Plaintiff and placed Plaintiff in a choke hold and said, “go to sleep n****r.” The manager and employees watched the Plaintiff’s pleas for help and his friends’ requests for help. The Plaintiff’s two female friends tried to pull the assailant off Plaintiff but the assailant’s other friends knocked them off. No one from Logan’s intervened.

At some point the police entered the property and ordered the assailant to stop. At no time did the manager or other employees intervene or render aid when requested by Plaintiff even though Logan’s had promised Plaintiff a safe eating environment. When the assailant let go of the Plaintiff the assailant got up and high-fived and announced to the manager and employees “I got me a n***r.” The manager and employees laughed and cheered. The Plaintiff was taken by ambulance from the scene and the assailant was arrested by police.
Mr. Green said in his deposition (posted below.  Start on page 20 in Adobe.) that his sister and the one of the alleged assailants had a disagreement over a wallet before this event took place.  He said his sister found a wallet in the restaurant when she was there on another date.  She allegedly turned in the wallet to the bartender. She claimed he said there was no ID in the wallet and kept it while telling her to keep the money.  Logan's lawyer asked if she had picked it up from someone's table and tried to hide it with her menu. He said it was not true. The police came to Logan's for that incident and she returned the money (actual p.68 in deposition.).  

The parties are currently engaged in discovery. Mr. Green is represented by Jackson attorney Ashley Ogden.   Mr. Green asked for an unspecified amount of damages.

*This passage in the complaint was one long paragraph.  It was broken up into several for your convenience.




27 comments:

Anonymous said...

Just because someone uses the "N-Word" it does not make it a hate crime. The "N-word" is simply a noun. Nothing more.

Kingfish said...

Guess you missed the choking part. Watch the video.

Anonymous said...

I saw the choking part. It APPEARED to be assault. However, the video does not provide any evidence as to what caused the choking. For all we know it was self defense.

Anonymous said...

After watching the video several times, I still see no evidence of a hate crime. Just hear the other patrons claiming that the man in the chokehold started it. No indication of racial prejudice is shown in the video.

Burke said...

The "N" word is simply a noun? "I beseech you, in the bowels of Christ, to consider that you may be wrong."

Anonymous said...

Since it is Ogden's case, the alleged cause of action must be premises liability. I've been to that Logan's plenty of times, and I've never been aware of any explicit promise to protect customers from other customers. Obviously someone called the police on two occasions. Obviously the female is a thief. While I don't accept what the choker and his pals did, I just don't see any liability on Logan's part.

What loon tune would be crazy enough to say the "N" words is just a noun? Chris McDenial.

Anonymous said...

"The manager and bartender and other employees saw this occurring and moved over to watch. The property had no security and no persons trained to handle a hate crime or violence against customers. "


I call BS on this one. Regardless of the racial claims in this case, NO ONE who serves alcohol has "no persons trained to handle... violence against customers". They're called bouncers, specifically hired to deal with predictable incidents like the one alleged here. If they are negligent enough not to have bouncers they deserve to pay through the nose, regardless of the race(s) involved in the altercation.

The facts need to come out in court, obviously. There seem to be multiple witnesses on both sides, all of whom have something to gain by lying it seems.

Clintonrebel said...

Who is the idiot preventing people from helping ? Not sure if Logan's is responsible but saddened how many posters automatically defend the white dude. Automatic I suppose. If it was the other way around, the same posters would be assailing the choker.

Anonymous said...

obviously these people need to enroll at The University of Mississippi for diversity training and install a statue of a civil rights leader.

Anonymous said...

I wish folks would learn to react to insults in a more positive manner. If someone calls a black person N, it should be obvious that the name-caller is trying to viciously hurt the black person as deeply as possible in order to start trouble.
If only the black person, upon hearing that word, would just stop and realize that they are dealing with a mean-spirited, vicious person and the best way to get them back is to ignore them and walk away, leaving that fool with no further target.
Calling someone the N word does not make them what that word suggests, but it does expose the person using it as an utter fool who is likely mad at the world in general. In other words, a genuine loser. Just like you would avoid a snake- give these creeps lots of space. There is plenty of that between their ears.

Anonymous said...

There are no "bouncers" at Logan's. It's a restaurant. There is no absolute guarantee of safety anywhere you eat.

The best thing to do when someone is trying to get you to fight, is to walk away, as anyone trying to fight is usually an idiot, or drunk, or both. I'm sure there was an opportunity for the individuals to leave.

However, I do find it strange for Logan's employees NOT to call the police in a timely matter.

Anonymous said...

The assaulted party stole a wallet from the table of the assailant, removed the money and gave the wallet to the bartender. The stolen money was recovered from the assaulted party so it is known that they stole it. The police did not arrest them but the assailants were not happy to still look at the thieves so they called them nappy and picked a fight.

Logans employeeds knew they stole it.

Anonymous said...

The only relevance of the wallet incidence is to demonstrate the "motive" these rednecks had for taking the law into their own hands.

It's no justification at all.

And, it's worse that their victim was not a party to the prior incident.

Frankly, a manager and the employees should, at the least, ask the rednecks to cease and desist and to leave. Indeed, a few customers with morals should have done the same.

It's a matter of common decency or used to be.

As for the N word defender...aside from defending rude and crude, you seem to miss their was more than a noun, there was an assault!




Kingfish said...

Truth be told, I didn't buy the claim that she kept the money because the bartender told her she could do it. Just don't see it happening.

Texas Two-Step said...

The video Kingfish threw up seems to be a poor rendition of a line dance at a country bar in Rankin County.

These rednecks would not have survived had this occurred at Logans on County Line at State Street, as that location is a branch of Tougaloo.

Anonymous said...

If I had been a witness to this incident, I would have called the police immediately. I mean who sits by and watches someone get assaulted and choked in a public place, regardless of who started it? People who have that much predisposition to violence are dangerous to us all, whether they are under the influence of not.

As for the "n" word just being no more or less a "noun"....what a sad mindset you must live in.

Anonymous said...

The thief herself is the one who needs a good ass whippin'.

I can't stand a thief. Bet the restaurant workers can't stand one either.

It was pretty bold of her to go back to the restaurant that caught her stealing, but that's how people are when there's never any consequences for their bad behavior.

That doesn't excuse this incident in any way, other than to say I can somewhat understand the anger and frustration on behalf of wallet owner. But he shouldn't have taken it out on someone who wasn't involved.

Anonymous said...

10:27
Yours is the most sensible comment. No one has the excuse to become violent. Damn redneck McDaniel type. Inexcusable. And call 911.

Anonymous said...

Red Neck Nation VS Thug Nation, hmmm Anyway, So the Jackson thugs did not get away with stealing, WooHoo!

Anonymous said...

This is not Jackson, it's in Hattiesburg.

Anonymous said...

After reading the transcript of his deposition, it sounds like he is a professional injury victim and his sister is a thief that calls herself a reverend. Since the police, for whatever reason, didn't take her out in handcuffs the first time they were called the manager should have asked them to leave. It was bold of the reverend to stay there after getting busted for stealing. I guess that's how they roll in Milwaukee.

Medium Rare said...

There is absolutely no excuse for dining at Logan's in Hattiesburg when Longhorn is just down the road!

Anonymous said...

How about that mustard buzzard looking down from above the fray!

Anonymous said...

reads like the basis is not able to get the police back to the place. first time in modern Mississippi history 3 people are out and none, no not one of them has a smart or cell phone.
cops really handled this poorly, especially if the white guys had been drinking, if they are Eagle fans it only takes 1/2 a beer.

Kingfish said...

Even if the bartender said keep it, so what? I went to breakfast at a local diner a few weeks ago. Came outside and by my passenger's door was a ten dollar bill. Never know, that might mean alot to someone so I took it back inside, gave it to the cashier and told her. She said I was more honest than she was. I said i was turning it in in case anyone asked and if no one did, put in the tip jar.

DaFat Man said...

"two men approached and began verbally assaulting Plaintiff’s sister and friend who were sitting at his table over a previous dispute the Plaintiff was not involved in. The police were at the property for the previous dispute and told the assailants to leave and not come back and the manager was aware of this."

Reading is fun, understanding is fundamental. Just because some commenters read doesn't mean they understood what they read.

Regardless whether the woman stole wallet or not, (and I am not condoning it) as soon as the assailants came back to the restaurant it was the duty for the manager to call the police. They should have not been allowed on the premises. all of this could have been avoided.

Now on the previous incident that set this whole thing up, regardless whether she stole the wallet or not, she gave the money back. Sometimes you have to learn how to be thankful and let some things go. obviously there must be some collusion with the manager and the assailants because if no more than to keep you and your employees safe, the manager should have called the police.

To The Top said...

Mustard Buzzards? Fans drinking? Sounds like a couple of Ole Myth fans who are anxious to get down in the grove and party with some crockpot possum. Go RebelSharkBears!


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