Man’s Assault Claim Against Woman Who Defended Man’s Ex-Girlfriend Loses to Defense-of-Others Defense
In Judge Wendy Beetlestone’s opinion today in León v. Hanoch, the parties were attorney coworkers; León had been sexually involved with Hanoch’s friend Goodman, who was also a coworker. “Throughout the relationship, Goodman told Hanoch that León was stalking, threatening, and harassing her; that he was hazing her at work; and, that she was scared for her safety.” Here’s the court’s summary of the facts and procedural history:
The instant lawsuit is based on events that occurred after the three spent a night barhopping in Philadelphia. As the night began to wind down, Goodman left the bar, telling her friends that she would order an Uber home. León followed, and Goodman texted Hanoch that she was trying to “get away” from him. Hanoch pursued them both, at one point running across the street, against traffic. During her pursuit, Goodman called Hanoch, crying, and reiterated that León was chasing her down the street.
Once Hanoch caught up to León and Goodman near Philadelphia City Hall, she saw León’s hands outstretched towards Goodman as if he was trying to get hold of her while Goodman was “cowering away” from León. She also saw that Goodman was “sobbing, her make-up was streaked everywhere.” Nearby—positioned catty-corner to Goodman and León— Hanoch noticed two police officers inside their squad car. She approached them and told them that she thought Goodman was being sexually assaulted.
When the officers did not engage with the situation, Hanoch spun around and inserted herself between Goodman and León, yelling at León while she did so. Although in her deposition she testified that she did not remember exactly what she said at the time, the parties agree that Hanoch said something like “Get away from her. Don’t ever touch her again. I’ll kill you if you ever come near her.” {In his Complaint, León alleged that Hanoch struck him during the confrontation as well but brought only an assault claim against Hanoch, not a battery claim.}
That evening spurred a handful of legal proceedings. Goodman and Hanoch filed a complaint with the New Jersey State Bar, alleging that León had assaulted Goodman. Goodman also filed a petition for a Protection from Abuse (“PFA”) order in Delaware Family Court. That petition was referred to a Commissioner of the Delaware Family Court, and the Commissioner issued a 52-page order making a series of factual findings supporting the conclusion that León had abused Goodman. As a result, the Commissioner granted Goodman’s petition. León appealed, but the PFA order was affirmed in its entirety….
León sued, among other things for assault, but the court concluded that claim was
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