Roughing the Protester?

There is also a common law privilege in any civil lawsuit that allows for defense of others. The protester was carrying a flare and appears to have resulted in burns to his own body. In that short period of time, the appearance of a man running with the flare and being chased by security could be viewed as a reasonable based to force to protect others.

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Just as tackles on the field are judged by the use and level of force in possible “roughing the passer” fouls, the same is true under the common law. In the use of the defense of others in torts, a person must show that he used a reasonable and proportionate amount of force.The video shows the players taking the protester to the ground and then leaving him to security. That would seem to meet the standard on the level of force. This would not amount to a common law version of “roughing the protester.”

For all of these legal reasons (as well as commonsense), the protester does not have a viable criminal or civil case against the players in my view.

[If you run onto a field of play in the middle of a game, expect to become part of the action. The Latin phrase isn’t — but should be — Caveat asinus. — Ed]

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