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Nov 3, 2009

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Argentina

Couple claim drunk security guard pulled gun on them

In most places companies have to do something truly heinous in order for the state to close them down, and it has to be progressive and repeated (just like disciplining kids). The officer had every right to react when the resident snatched the ticket book. If you don't beleive me, try snatching one from the next cop that pulls you over, and you'll find out. However, the level of response is a concern. The officer undoubtedly was concerned about the possibility of retailiation and escalation with all the family members around. Alcohol clearly played a role. None of the housing areas that have HOAs in the Santa Fe/ABQ area allow things like the changing of oil. It is in the homeowner's rules and the HOA hires people to enforce and ticket. There are safety, environmental, and sanitary concerns from these types of activities, and they need to be done somewhere else. The residents knew this, and the officer was generous when he came back in 15 minutes. Me, I'd probably have waited 25, but that's me. On the other hand, I've never gone out to do security work while drinking. You'd be surprised how many security,and yes, law enforcement, do. This officer should be treated like any other officer, within the bounds of the Americans with Disabilities Act. He needs to be given the chance to voluntarily go into treatment, and he should remain employed if he choses to get help. That's pretty much the law whether you're a cop, security, doctor, or convenience store worker. It's federal, it applies to all of us. This company, however, needs to have its records checked. An audit needs to be done to see if anyone else employed there is incorrectly employed. Mr. Medrano needs to be warned that if he assaults someone employed by the HOA again, he will face sanctions. Mr. Medrano is unlikely to recover much if anything, since New Mexico allows 'contributory liability'. If the plaintiff (medrano) contributes more than 50% to what happened, recovery is unlikely. Did Medrano have a liability for anything he contributed to the situation? Absolutely. He was breaking the rules, he ignored the officer's warning, and then he did an act that most officers would consider an assault (again, try it with a cop as an experiment, and see what happens). The officer pulled a gun, and was intoxicated. Everyone involved was at fault, not just the officer.  (Nov 3, 2009 | post #70)