Another Kennewick man beaten by Jack Didley's bouncers planning lawsuitPosted: Updated:
KENNEWICK, WASh. -- Ben Ensign is still in a medically induced coma, on full life support at Kadlec Medical Center in Richland following an incident at Jack Didley's night club on July 4th.
But Ensign's incident is not the first time the Kennewick night club has been under scrutiny for using excessive force.
Back on February 19, 2011 Michael Cates suffered severe head and back injuries after getting thrown out of the Kennewick night club for the second time. Cates says he was thrown out after telling bouncers they were being rough with a female patron. He says he came back to talk to the owner and was thrown out and beat up by at least five or six bouncers.
Following the incident, the city of Kennewick charged Cates with fourth degree assault. Cates attorney, Doug Phelps says the case went to trial and the jury found Cates not guilty March 2012.
The fourth degree assault charge came from one of the bouncers getting a bite mark on his hand.
"You're going to have to ask the jurors why, but it's clear that they really injured HIM. They attacked him, rather than him attacking the bouncers. And the bouncers had been overly aggressive with what they did," says Phelps.
Since the incident Cates has moved to Seabeck, Washington on the Western side of the state.. "It was so bad that I needed to have someone take care of me," he says in a phone interview with NBC Right Now.
Now his attorney is planning on filing on civil suit against the night club, it's owners and employees. "It's really going beyond just restraining him, but assaulting him and causing him injuries. He still has problems with his vision as a result of the injuries that he sustained that night," says Phelps who will file the civil suit.
Despite being acquitted, Cates isn't happy with the outcome. "I feel that only 50 percent of the justice has been served so far. This has been going on for a long time and I feel its just a matter of time before someone is seriously injured or killed," he says.
He also says that he wants to see the place shut down. Phelps says besides physical trauma, Cates' is still dealing with injuries, medical bills, and legal fees. He says part of the suit will accuse Jack Didley's staff of negligence.
"Negligent in the hiring of the bouncers, the training of the bouncers and the supervision of the bouncers," says Phelps. He says when Cates was kicked out of the club, law enforcement should have handled him, not the bouncers.