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Shopping mall is convicted of security assault on young black man – 08/05/2022 – Rogério Gentile

The São Paulo court condemned the shopping mall Pátio Cianê, in Sorocaba, in the interior of São Paulo, to pay an indemnity of R$ 15 thousand to a young black man who was assaulted by security guards.

In November 2020, according to the young man’s report to the Justice, WD was talking to a friend in one of the mall’s corridors when a security guard asked him to leave the place. The security guard, the young man said, claimed he was bothering other customers and took him to the parking lot.

Complaining that I was being victim of racismthe young man, who is Haitian, then tried to record the scene with his cell phone, but was attacked from behind by another security guard, who applied a “tie”.

WD, 26, collapsed and had to be hospitalized, regaining consciousness just five hours later. “In a truly prejudiced attitude, they expelled and attacked the boy, who is a worker”, told the Justice Rodrigo Camargo, who represents the young man. “He nearly died by strangulation.”

The mall defended itself in the lawsuit arguing that the security guard made the approach at the request of other customers, who said they were uncomfortable with the fact that the boy, in the middle of the pandemic, was hugging and asking to take pictures with people who were passing through the place. “When approaching the boy, the security noticed that he appeared to be drunk or under the influence of narcotics.”

The establishment told the court that, in the parking lot, the boy attacked the security guards with a punch and kick and that they “were forced to use containment techniques to establish control of the situation”.

According to the mall, the procedure adopted “did not occur because of the youth’s color”, but “because of the situation provoked”. “There has never been any act that could signal any form of discrimination. In fact, the mall vehemently repudiates any and all discriminatory acts, regardless of how they materialize.”

The mall stated that, despite having several security cameras, it did not have footage of the episode, “because it is impossible to store all the recordings”.

The young man’s defense told the court that the allegations that he was disrupting the mall and that he was under the influence of alcohol or drugs “are absurd”. What happened, said the lawyer, was an act of “cowardice” and “unpreparedness”, which “could have killed” the boy

In the decision in which he condemned the mall for moral damages, the judge Costa Wagner stated that the medical report attested that the young man did not show any sign of intoxication.

The magistrate pointed out that, given the seriousness of the facts, the mall’s claim that it did not keep the images recorded by the security cameras does not convince. “It was up to the establishment to preserve the video footage as a way of substantiating its allegations in any legal proceedings.”
For the judge, “it remains unequivocal that the boy was unconscious for a long period after being immobilized “through a tie blow, being hospitalized”.

The mall has already appealed the decision.


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