Another Lawsuit Filed in Buckhead IHOP Scuffle

Another woman has filed a lawsuit against an off-duty Atlanta police officer who punched a woman in the face during an incident at the now-defunct Buckhead IHOP two years ago.

In March, Buckhead Patch reported that Ashley Leavell filed her lawsuit against the parent company of the IHOP location and Officer Jose Vidal on March 19, claiming that Vidal used excessive force against her as he was working as a security guard for the restaurant in 2011.

Now, Roberta Caban, a bystander who was present when the two women engaged in the scuffle with Vidal, is filing suit and claiming "provoked her and two friends, telling them to 'shut up,'" according to the Atlanta Journal-Constitution.

Leavell was not a member of Caban's party that night, but intervened on their behalf, according to the AJC's report.

Caban, a former flight attendant, filed her suit on April 19 in Fulton County against Vidal and Southern Restaurant Management, Inc. because she says she has been unable to obtain employment in the two years since the incident although obstruction charges against her were dropped.

She's seeking compensation for the income lost in the last two years.

“The damage has been done to her reputation,” said Scott Zahler, Caban’s attorney in the AJC report. “Employers google. There’s a lot of misinformation out there associated with this case, and in this job market, if you have any taint on you, you’re not going to get hired.”

According to Vidal's arrest report, Caban's friend, Cynthia Freeman, was talking loudly in the restaurant.

Vidal, who was working as a security officer that night, told her she'd be asked to leave if she did not quiet down. Eventually, he did ask her to leave, but the women refused.

Vidal reported that it was then that Freeman started throwing punches at his body and when Leavell became involved and asked Vidal to leave the women alone, according to the AJC's report.

However, Caban tells a different story in her suit.

She says that Vidal began "pushing and ramming" her and Freeman into the wall of the booth.

Videos recorded by IHOP customers that night show Vidal pushing the women into the booth wall.

Leavell put her hands on Vidal, the video shows, and he slapped her and Leavell tried to retaliate when Vidal punches her.

Caban also states in her suit that Vidal "dragged her out of the restaurant."

Vidal was cleared of any wrongdoing by the Atlanta Police's internal review, which found that he followed departmental procedures. Southern Restaurant Management Group owned the Buckhead IHOP, which has since recently closed, and has not commented on the new lawsuit. Vidal remains on active duty with the Atlanta Police Department, and the police department was not named in the Leavell or Caban lawsuits.

See Also

Woman Punched in the Face by APD Officer at IHOP Files Suit
Internal Review Shows Officer Did Nothing Wrong in IHOP Incident
APD Release IHOP Incident Report
Open & Shut Buckhead: Iconic IHOP Restaurant Closing