Lawsuit Filed After Valley Fair Mall Guard Pulls Gun On Driver

SAN JOSE (CBS SF) – An Apple employee has filed a lawsuit against the Westfield Valley Fair Mall, a security company and two guards after a frightening confrontation captured on cellphone video.

According to his attorney, Nicholas Buchanan was in the mall parking lot last December when the confrontation took place.

The lawsuit alleges that Buchanan was stopped in a line of cars trying to leave a Valley Fair garage when the driver in front of him put his car into reverse.

To give him space, Buchanan says he moved into another lane and accidentally drove over a cone.

A security guard showed up as Buchanan was attempting to exit the parking garage and pulled out his gun. A supervisor also showed up and the suit claims both men then threatened Buchanan.

The encountered was captured on Buchanan’s cellphone video.

Court documents stated that the San Jose Police eventually showed up and determined the guard didn’t have a permit to carry the gun and he also did not have a security guard license.

The mall, the security company and the two guards did not comment on the lawsuit on Wednesday.

Buchanan is suing them for assault, false imprisonment, negligence and emotional distress.

More from Betty Yu

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