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Tom Lekan, Security Guard Expert Witness, Consultant
Tom Lekan, C.P.P.


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Thomas J. Lekan Security Consulting, LLC
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Consultation, Expert Witness, Testimony, Reports, Depositions

  1. HOSPITAL:  At a hospital where many of the security officers were retired or part-time police officers, a patient who walked out of the hospital was restrained by up to five security officers and received injuries.  At issue was training and powers of security officers at the hospital that are not police officers according to state law and the use of force by security officers.  A second issue was whether the police should have confronted the patient and asked him to leave or be arrested.

  2. HOSPITAL:  Highly trained hospital security guard at a hospital was assaulted by a patient.  Security guards, medical personnel, and hospital police officers responded to restrain the patient who subsequently died.  At issue was were the guards trained by the guard company and compliant with hospital polices and general hospital policies and trained in patient restraint.

  3. EXCESSIVE FORCE:  A security guard caused injuries to an older male by using excessive force, lack of deescalation, and adherence to training requirements of the client and the lack of risk assessment of the person.

  4. ASSAULT:  Sexual assault of a female by a security guard by an unlicensed and untrained security guard.

  5. RETAIL:  An armed security guard who was unlicensed and hurriedly placed in a retail establishment shot and killed a person using deadly force as the first choice.  security guard - consultation & expert witness servicesThe allegation that the person was charging the security guard was subsequently not validated.  At issue was whether the armed guard was necessary and the choices made to place someone armed in the twenty-four-hour business.

  6. RETAIL: A man was killed and a woman severely injured after road rage incident in a shopping center parking lot.  At issue was whether a roving guard and other security measures would have been a deterrent and could the incident have been deescalated or police called before the murder. back to the top of page

  7. GROUP HOME:  An armed security guard working for a small guard company shot a person in a group home lobby.  The guard used lethal force as the first choice in the force continuum and did not have any other non-lethal weaponry supplied by the guard company.  At issue was the reason and choices in using an armed guard in the situation, the equipment provided to the guard, and the training in the force continuum.

  8. HOTEL: Guards at a hotel that was contracted to house persons of less means by the state did not stop a resident from being severely beaten by others residing at the hotel who did not embrace his lifestyle.  At issue is whether the guards were competent, trained, and deployed properly.

  9. CONDO COMPLEX:  A guard company following industry standards for hiring and training their guards was sued after a guard assigned to an unarmed post shot and killed a person who he alleged was breaking into cars in the parking lot.  At issue was the guard company standards for recruiting, training, and supervision of the guard at this location.

  10. HOSPITAL:  An unarmed proprietary guard at a hospital was assigned to watch a suicidal/homicidal patient on a continuous basis according to hospital and industry standards.  The guard left the post and the patient unattended resulting in the patient attempted suicide when he was not watched. At issue was the guard's decision and hospital policy as well as the industry standards.

  11. CASINO:  Casino guards and off-duty police were the basis of litigation for unnecessary force and lack of communication and coordination when a customer was assaulted by another customer causing an injury. At issue was the detainment and use of force by the police, training, and policy.

  12. HOSPITAL: The contract guard company was sued after a woman was robbed and injured in the parking lot of the hospital upon leaving.  At issue is whether the guard company or the hospital who contracted for the guards is responsible for the assault. back to the top of page

  13. HOSPITAL:  A guard was the focus of a lawsuit while contracted by a large hospital chain with excellent post orders and procedures for the guards.  The lawsuit was focused on the guard not cases, security guardsstopping an elderly patient who was treated and given sedatives from standing up in her wheelchair and falling.  The guard was not assigned or directed to this task.  At issue were the selection and training of the contract guards, post orders, and the hospital's responsibility of managing the contract guards.

  14. HOSPITAL:  A security police officer at a large hospital became lost while guiding a helicopter rescue team to the rooftop heliport resulting in the patient dying before he could transport to a hospital that specializes in his treatment. At issue was the hospital police officers training and experience.

  15. FOOTBALL:  A seat attendant and security officer contracted and assigned to an NFL football game responded to a complaint of an intoxicated and belligerent fan that refused to leave the stadium and was later arrested.  The suit was based on inadequate security procedures and policies.  The NFL had excellent procedures and policies as well as post orders, instructions to contract personnel and experienced security managers.  At issue was the NFL security policies and contracted security instructions, post orders, and procedures for handling intoxicated and belligerent patrons. (Scroll up or down, or click to go back to the top of page)

  16. MANUFACTURING:  A proprietary guard/watchman with minimal training and instructions at a rural manufacturing site was unaware of a murder of an employee taking place while he was on patrol.  At issue was the security design of the factory, the guards training and direction, and the inadequacy of the access control to the plant.

  17. PREVENTION:  Retained in a case of whether security guards would have made a difference in the shooting and death of a male who was killed while taking trash to a receptacle and came up a crime being committed.

  18. COUNSELING CENTER:  The designated security person and an employee of a non-profit counseling center shot and killed another person who was the husband of an employee of the agency who felt she was treated poorly by the security person and sent her husband to talk with him.  At issue was the training and selection of the security person as well as his temperament and demeanor as a security person.

  19. ASSISTED LIVING:  An armed security guard at an assisted living facility apartment left his post in the lobby when he saw two men trying to steal his car in the parking lot on the closed circuit TV monitor.  He went to the parking lot and confronted the two men who subsequently shot and killed him.  At issue was the guard's instructions, the security consultants recommendations and guidance for the site, and the instructions to observe and report only.

  20. HOTEL:  A contract security guard was charged with raping a female guest who arrived at the hotel late and intoxicated.  The guard had a key to the room and was not supervised by the hotel staff regarding entering guest rooms.  At issue was the responsibility for the client hotel to properly train, supervise, and control the actions of the contract guard.  The hotel argued that they have no liability for the guard's actions or training.

  21. HOTEL:  An unsupervised and untrained contract guard at a large hotel entered a guest room while the female occupant was sleeping and committed theft from the room.  It was later determined that the guard was convicted of a crime that would preclude him from being a security guard and that the hotel had a duty to train and supervise the contract guard. (Scroll up or down, or click to go back to the top of page)

  22. HOSPITAL:  A patient arrived at the emergency room parking lot near the hospital's emergency door suffering from a recurring disease that affects breathing.  She parked her truck over the parking barrier with the engine running and the lights on and passed out.  She was not found for over twelve hours later dead in her car. At issue was the recent cutbacks in the hospital's security department including eliminating an officer at the emergency room door and the fact that the hospital no longer provided parking lot patrols even though the patrol was part of the overall published security procedure.

  23. RESORT HOTEL:  The security department and the procedures, policies, training, and response to incidents at a resort hotel were challenged by a man who was assaulting his military wife in a guest room, and fellow soldiers responded to her aid.  The soldiers were attending an organized seminar for soldiers returning from combat assignments for reintegration to normal life. At issue was the hotelís proprietary security department and the overall resort security units training, procedures, and ability to provide adequate security.

  24. SHOPPING MALL:  At a large mall in St. Thomas in the U.S. Virgin Islands a merchant leaving the mall was robbed and killed by two assailants that were at the mall and outside but never confronted by the proprietary security guards while loitering for hours.  A second issue was the training of the guards and management of the guards by untrained management.

  25. BANK:  A bank robbery and shooting of a customer resulted in one of the points in the litigation that the bank branch location should have had an armed guard or police officer present during banking hours.  At issue was the frequency of robberies in the area and the deterrent of an armed person. The customer was shot after interfering with the robber in the act of robbing the tellers not believing it was a real robbery.

  26. RETAIL:  A shooting at a 24-hour donut shop of five patrons was committed by gang members on a rampage of shootings in a South Florida County.  At issue was whether armed guards or police officers should have been present at the donut shop to deter or deal with crimes such as shootings and robberies of retail establishments and similar all night businesses.

  27. APARTMENT COMPLEX:  A contact guard was called to a disturbance at a large apartment complex involving a resident who had taken a drug that caused him to become violent. Several residents were trying to control this person.  The guard called his co-worker guard at the main entrance and told her to call the police and that he would guide the police to the incident location.  At issue was whether the guard should have intervened and tried to subdue the resident or should he have taken the actions he did.  Post Orders, policies, and the interaction of the client and guard company in developing post orders were focal in this case.

  28. APARTMENT/HOTEL:  A proprietary uniformed guard force at a mixed use apartment/hotel complex in Hawaii did not respond to a drowning man in their pool due to inadequate security cameras to observe the pool and the lack of equipment to administer first aid.  At issue was the response of the security personnel, post orders, training, and direction. (Scroll up or down, or click to go back to the top of page)

  29. Retained in a case of a male who was shot at a large premise that included a bar and restaurant and whether the owner should have hired security guards to patrol the premise and if their presence would have deterred the shooting.

  30. NURSING FACILITY:  Several contract security personnel not licensed in the state of the occurrence went with several attorneys to remove a man from a nursing facility at the direction of the man's daughter.  There was a dispute between the man's wife and daughter about him being there.  At the time of removing the person the staff and security personnel engaged in a fight to remove the man. At issue was the presence of the unlicensed security personnel and the actions of the staff to fight the attorneys and security personnel.

  31. GUARD COVERAGE:  At an party unauthorized by the landlord, several persons were shot during a dispute at the party.  At issue was whether the landlord should have had a security guard twenty-four hours a day even though stores closed in the evening and the instructions to the tenant about subleasing for large parties.

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