Jury awards $800K to man assaulted by security at Six Flags America

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A Prince George’s County jury awarded $800,000 Friday to a man who was beaten and arrested by Six Flags security guards last year.

Nicholaus Mims sustained a concussion with lingering effects after the park’s private security guards threw him to the ground, used an illegal chokehold and handcuffed him, according to the complaint, filed in Prince George’s County Circuit Court last year.

Mims’ wife captured a large portion of the incident on video with her cell phone, according to attorney Governor Jackson III, who said his clients were “thrilled and relieved at the same time” with the verdict.

“At least at this stage they do feel vindicated,” he said Monday.

Jurors deliberated for approximately three hours before returning with the verdict, according to Jackson. The $800,000 is all noneconomic damages and is not expected to be reduced under the state’s mandatory cap.

David A. Skomba, an attorney for Six Flags, said the defense would file motions for a new trial, judgment notwithstanding the verdict and remittitur.

“We are going to seek post-trial relief from the courts based on some of the things that happened in the proceedings,” said Skomba, of Franklin & Prokopik PC in Baltimore. He cited at least one error he believed the court made on an evidentiary matter, as well as an error in allowing the plaintiffs to raise an issue in their closing argument that was prejudicial.

Mims, his wife and their children were visiting the water park area of Six Flags America in Bowie on Father’s Day, June 17, 2018. Mims took off his shirt but then noticed one of his children had wandered away; Mims left to look for him and located the child in an arcade, according to the complaint.

While Mims was on the phone informing his wife of his location, a Six Flags employee told him he needed to put on a shirt to comply with the dress code for the park. Mims explained the situation, but the employee contacted security, according to the complaint. Two security guards arrived and told Mims he needed to leave the park because he was not wearing a shirt. Mims told security he was waiting for his wife who had his shirt and was expressing his frustration — using profanity at times — about the situation when a guard removed his mace from his belt.

Attorney Donald Huskey, who also represented the plaintiffs, said Mims had been concerned about his son and was trying to return to his family when he was confronted.

“He was looking for his son frantically because he didn’t know if he’d been abducted,” he said. “He wasn’t looking for his shirt, he was trying to find his son.”

Mims walked toward the park exit with security and three other guards arrived to escort him to the gate, at which time Mims called his wife and told her to meet him, according to the complaint. After exiting, Mims was informed by a security guard that he was being arrested for disorderly conduct and, when he pulled his arm from the man’s grasp, Mims was thrown to the ground, beaten and handcuffed.

Huskey said Six Flags argued that Mims was the “aggressor” in the incident because of his language. The defense also said the guards acted in self-defense because Mims was being disorderly.

Mims was detained in a holding cell on the Six Flags premises until Prince George’s County Police arrived and ordered he be released because there was no basis to charge him, according to the complaint. Mims was offered a form by park security that indicated he had been disorderly and would not return to the park, but he refused to sign it.

Mims was diagnosed with a concussion and other injuries at a hospital and continues to have headaches and problems with his vision, according to the complaint.

Jackson said that Six Flags declared the case had “no merit” and that its attorneys believed media coverage of the incident and lawsuit was unfair.

“This was about protecting their PR image at the expense of these egregious injuries against a compliant African American male trying to enjoy his family holiday,” he said of Six Flags. “This was an affront to their brand that they were trying to protect.”

Six Flags did not immediately respond to a request for comment.

Nicholaus Mims et al. v. Six Flags America LP

Court: Prince George’s County Circuit

Case No.: CAL18-26682

Judge: ShaRon M. Grayson Kelsey

Proceeding: Jury trial

Outcome: Verdict for plaintiff

Dates:

Incident: June 17, 2018

Suit filed: July 26, 2018

Verdict: Oct. 25, 2019

Plaintiffs’ Attorneys: Governor E. Jackson III of the Law Office of Governor Jackson III LLC in Towson and Donald R. Huskey, of the Law Office of Donald R. Huskey LLC in Owings Mills.

Defendants’ Attorneys: David A. Skomba, Tamara B. Goorevitz and Miranda D. Russell of Franklin & Prokopik PC in Baltimore

Counts: assault, battery, false imprisonment