STATE OF MAINE

LINDA THOMAS v. STARRY NIGHT

COMPLAINT AND JURY DEMAND

INTRODUCTION

1 . This case is about what happens when a downtown bar treats the City of

Portland like the Wild West, confiscating and then returning a firearm to an intoxicated patron threatening to kill another patron, telling the combatants to "take it outside" rather than calling the police, causing an outrageous and unacceptable threat to public safety. Due to theStarlight nightclub's negligence,Linda Thomas, an innocent bystander, was gunned down in the street and nearly bled to death in front of this courthouse.

2. During the early morning hours onJanuary 31, 2019, PlaintiffLinda Thomasstood on the sidewalk directly in front of theStarlight, a nightclub in downtown Portland, Maine. Ms. Thomas was a patron/guest ofStarlight for Electronic Dance Music(EDM)Night that had just concluded.

3. As Ms. Thomas and approximately 15 other patrons/guests of theStarlight nightclub stood on thesidewalk, neither they nor the police were aware of a series of altercations betweenJason Whitaker and two brothers, Adam andGeorgeJones, who were also patrons/guests ofStarlight that night. But theStarlight knew.

4. These altercations included Mr. Whitaker threatening the life of bothJones withhis handgun and the exchange of curses and insults. Even thoughStarlight became aware of these threats, and insults,Starlight served Mr. Whitaker and theJones brothers alcohol.

5. In response to these altercations, Starlight confiscated but then inexplicably returned the handgun to Mr. Whitaker. Starlight subsequently served an armed Mr. Whitaker more alcoholic beverages as tensions between Mr. Whitaker and the Jones escalated.

6. Despite being aware of the potentially lethal combination of alcohol, firearms, and escalating tensions between three intoxicated individuals in a packed nightclub, Starlight failed to warn anyone of the altercations between Mr. Whitaker and the Jones brothers, and failed to notify the police. Instead, Starlight instructed Mr. Whitaker and George Jones to "take it outside."

7. Starlight's failure to warn the public or call the police, together with its decision to hand Mr. Whitaker back his gun and tell the known combatants to "take it outside," resulted in Mr. Whitaker shooting Ms. Thomas in the chest.

8. Starlight's profoundly irresponsible actions, including but not limited to its dereliction of its fundamental responsibility to take reasonable steps to keep its patrons and the public safe, and its shameful disregard for basic common sense, caused Ms. Thomas to suffer violent and permanent injuries, changing her life forever.

PARTIES, JURISDICTION, VENUE 9. Plaintiff Linda Thomas is a 27-year old woman who resides in Cumberland County in

the state of Maine.

10. Defendant Starry Night, LLC is a limited liability company formed in Maine and registered to do business in Maine with a principal place of business in Portland, Maine

11. Starry Night, LLC operates through the trade name "Starlight" Starlight nightclub is a bar, nightclub and restaurant located at 12 State Street in Portland, Maine

Starlight holds itself out as a place to see live music in Portland, Maine.

Starlight hosts "EDM Night" each Sunday night. It advertises and promotes

EDM Night to the public.

14. Starry Night, LLC operates Starlight nightclub through its employees and agents.

At all relevant times, James Rolle was an employee of Starry Night, LLC doing business as Starlight. Mr. Rolle served as a night manager and bouncer at Starlight during the evening of January 30, 2019 and the early morning hours of January 31, 2019.

16. At all relevant times, Steve Fairmont and David Brown were employees of Starry Night,LLCdoingbusinessasStarlight. Mr.FairmontandMr.Brownservedasbouncersat Starlight during the evening of January 30, 2019 and the early morning hours of January 31, 2019.

17. Starry Night, LLC's managers and bouncers are responsible for ensuring the safety of Starlight's patrons and invitees.

18. Starry Night, LLC doing business as Starlight is vicariously liable for the acts and omissions ofits employees and agents including Mr. Rolle, Mr. Fairmont, and Mr. Brown.

This Court has jurisdiction pursuant to 4 M .S.A. 31.

Venue is proper under 4 M.S.A. 37 and 12 M.S.A. 402 because Ms. Thomas

resides in Cumberland County, Maine.

FACTS

Starlight's EDM Night 21. On the evening of January 30, 2019 and the early morning hours of January 31,

2019, Linda Thomas and her friends attended EDM Night at Starlight in Portland, Maine.

Ms. Thomas was a patron and invitee ofStarlight.

Jason Whitaker was a patron and invitee ofStarlight during the evening

of January 30, 2019 and the early morning of January 31, 2019.

24. Adam Jones and George Jones were patrons and invitees ofStarlight during the evening of January 30, 2019 and the early morning of January 31, 2019. Adam and George Jones are brothers.

Guns, Death Threats, and Alcohol InsideStarlight 25. Around 11:00 p.m. on January 30, 2019,Mr.Whitaker approached Adam Jones

and threatened his life insideStarlight. The basis of this altercation was Mr.Whitaker's belief that Adam Jones had "violated" Mr.Whitaker's girlfriend.

26. During that altercation, Mr.Whitaker pulled a handgun from his pants and pointed itat Adam Jones face and stomach/side.

George Jones and other patrons ofStarlight witnessed this altercation.

Mr.Whitaker told the Jones brothers that he was going to kill Adam Jones. Mr.

Whitaker stated that if Adam went outside ofStarlight, Mr.Whitaker would kill him.

29. Mr.Whitaker toldGeorge Jones: "If you [George] don't kill me [Whitaker], I'm going tokill him [Adam]."

30. The Jones brothers were afraid that Mr.Whitaker would shoot one or both of themwith his handgun.

31. Upon information and belief, Adam Jones also brandished a gun at Mr.Whitakerduring this altercation insideStarlight.

32.Starlight served alcohol to Mr.Whitaker and, upon information and belief, to theJones brothers during the evening of January 30, 2019 and into the early morning hours of January 31, 2019.

33.Starlight served alcohol to these men throughout the night even though it had knowledge of Mr.Whitaker's death threats and the numerous insults exchanged between Mr.Whitaker on the one hand and the Jones brothers on the other.

Starlight's Possession ofMr.Whitaker's Handgun 34. At or around 11: 15 p.m. on January 30. 2019,one of the patrons atStarlight

informed James Rolle of the altercation between Mr.Whitaker and the Jones brothers. 35. The patron told Mr. Rolle that two people were flashing their guns at each other

insideStarlight. The patron identified Mr.Whitaker and Adam Jones as the two people who were flashing their guns insideStarlight.

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Mr. Rolle recognized Mr.Whitaker as a frequent patron ofStarlight.

Mr. Rolle recognized AdamJones andGeorgeJones as weekly patrons of

Starlight. Mr. Rolle knew AdamJones' name. He also knew that a frequent female patron ofStarlight had obtained a restraining order against Adam.

38. At or around 11:30 p.m. onJanuary 30, 2019, Mr.Whitaker and Mr. Rollediscussed the altercation. This resulted in Mr.Whitaker handing over his handgun to Mr. Rolle.

39. Mr. Rolle wrapped Mr.Whitaker's handgun in plastic and placed it in a backroom atStarlight.

Starlight's Failure to Determine IfJones Brothers Are Armed 40. Mr.RollenextspokewithAdamJones. HetoldAdamhedidnotwant

"anything to happen here."

41.Steve Fairmont-aStarlight employee and bouncer-also spoke with AdamJones and encouraged him to put his gun in his car.

42. Mr. Fairmont told theJones brothers thatStarlight had taken Mr.Whitaker's handgunfrom him.

43. Because AdamJones leftStarlight for ten minutes after his conversations withStarlight employees, Mr. Rolle speculated that Adam secured his gun in a nearby car before re-enteringStarlight.

44. Neither Mr. Rolle nor any otherStarlight employee determined at any time onJanuary 30, 2019 orJanuary 31, 2019, whether Adam orGeorgeJones possessed a gun insideStarlight.

45. Despite having knowledge that two of its patrons had brandished firearms inside

the bar,Starlight did not notify the police of this altercation between Mr.Whitaker and theJones brothers or otherwise take action to protect its patrons.

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Escalating Tensions BetweenGeorgeJones and Mr.Whitaker 46.GeorgeJones was upset that Mr. Whitaker had brandished a handgun at AdamJones.

George told Mr. Rolle that "if I had my gun in the club I would have shot [Mr. Whitaker] right in the club."

47. As the night went on,GeorgeJones and Mr. Whitaker continued to exchange insults insideStarlight.

48. Around midnight, David Brown, aStarlight employee and bouncer, witnessed Mr. Whitaker "getting loud for no reason." Mr. Brown heard Mr. Whitaker say, "These f***'ing idiots... they think they run this town." Due to this disturbance, Mr. Brown asked Mr. Whitaker to leaveStarlight, which he did.

49. When Mr. Whitaker exitedStarlight around midnight, he was yelling on the sidewalk directly in front ofStarlight. He yelled: "I'll kill you," "I'll hurt you," "I'll kill those guys," "I can't stand them." He also yelled: "I'll f***them up. I hate those guys."

50. Mr. Whitaker continued yelling for two to three minutes as he spoke toStarlight bouncersincludingMr.Rolle. Mr.RollekneworshouldhaveknownthatMr.Whitakerwas referring to one or both of theJones brothers on the sidewalk when he made the threats and insults (e.g., "I'll kill you," "I'll kill those guys," and "I hate those guys.").

Starlight Returns Mr.Whitaker's Handgun 51. Around 12:30 a.m. onJanuary 31, 2019, Mr. Rolle agreed to meet Mr. Whitaker

in the alleyway between theStarlight and Duke's bar and handed Mr. Whitaker's gun back to him.

52. Mr. Whitaker told Mr. Rolle in the alleyway that the "A**holes keep messing with me. They keep talking down to me."

53. Even though Mr. Rolle understood the "A**holes" to be theJones brothers, that theJones brothers remained insideStarlight with other patrons, that Mr. Whitaker had threatened to kill theJones brothers, and that an ongoing altercation existed between theJones brothers and Mr. Whitaker, Mr. Rolle returned the handgun to Mr. Whitaker.

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54. One of the bouncers at Starlight informed theJones brothers that Starlightreturned the handgun to Mr. Whitaker.

Mr.Whitaker's Re-entry Into StarlightArmed with His Handgun to ScareJones Brothers

55. Shortly after Mr. Rolle returned the handgun, Mr. Whitaker re-entered Starlight

withtheloadedhandgun. Mr.Whitakerre-enteredStarlightthroughthefrontentrancethatwas staffed with Starlight bouncers.

56. While those bouncers were stationed at the front door to monitor incoming

patrons for, among other things, safety concerns, they nonetheless allowed Mr. Whitaker to re enterthebararmedwithhishandgun. Theyallowedhimtodosoeventhoughtheyknewor should have known that Mr. Whitaker was armed and dangerous, had recently threatened the lives of patrons, and had recently been asked to leave Starlight.

57. Starlight's bartenders continued to serve Mr. Whitaker alcohol until he decided to

leave Starlight to go to the Duke's bar adjacent to Starlight. The bartenders and bouncers knew or should have known that Mr. Whitaker was intoxicated.

58. Upon information and belief, no bouncer told the bartenders not to serve Mr.

Whitaker alcohol.

59. The bartenders either served Mr. Whitaker alcohol knowing of the prior altercationsand that he was armed and dangerous, or they served him alcohol without such knowledge because the bouncers failed to inform them of the same.

60. Mr. Rolle believed Mr. Whitaker re-entered Starlight for a short period of time

after getting his handgun back so he could scare theJones brothers. 61. Despite the belief that Mr. Whitaker had re-entered Starlight with his handgun to

scare theJones brothers and that he was intoxicated inside Starlight, Mr. Rolle and Starlight did not notify the public or the police of the ongoing altercation between Mr. Whitaker and the Jones brothers.

Overview

Risk assessment is central to security management. It involves a commitment to continuously assessing and improving security by reducing threats and vulnerabilities. You will gain familiarity with this case by reading the complaint and identifying threats and vulnerabilities in the nightclub security.

Prompt

As a security practitioner you have been hired as a consultant to review a civil complaint and produce a report that identifies security issues. This involves using various tools to assist in risk mitigation (threat assessments and vulnerability assessments) designed to help protect organizations against liability and loss. When working with or consulting for an organization of any type, you begin with a review of current policies, procedures, and practices to determine areas of weakness that may adversely impact your client's business. The case in question doesn't provide these details. Often security practitioners are brought in after the fact to conduct a risk assessment stemming from a previous incident to help protect against future liability.

It is important to note that the complaint represents the point of view of the victim. This means it is biased in favor of the victim. Nonetheless, you will be able to see all of the threats and vulnerabilities the victim's attorneys have discovered in the process of filing the complaint. The concerns all need to be addressed regardless of who is found to be at fault for the shooting. Concerns include the club's responsibility for the actions of the staff that contributed to the shooting. With responsibility comes liability, which is the responsibility to pay for damages.

Please review the Project Two civil complaint involving a lawsuit against a popular nightclub that was sued because of an incident that occurred due to lapses in protocol and general security practices. The negligence nearly led to the death of a young woman. During your review, identify critical areas that may be mitigated to reduce the risk of violence and potential liability.

Specifically, you must address the following rubric criteria:

• Overview: Summarize the incident as a professional security manager.
• Evidence Review: Identify key issues and evidence that may have led to failures and subsequent lawsuits.
  • Types of evidence may include complaints, police reports, site surveys, interviews, document requests, expert witnesses, medical records, and photographs.
  • Explain each piece of evidence. (Note: The evidence explanation will become part of your Project Two presentation speaker notes.)
• Risk Assessment: Identify failures related to management.
  • Did management's actions or inactions contribute to the outcome of this case? Explain why.
  • Did the policies and procedures in place contribute to the outcome of this case? Explain why.

Please use intext citation and references