Goodwyn

BACKGROUND

On August 10, 2009, Goodwyn and Eddie Haynes attended a hip-hop concert at

Belly Up. During one of the opening acts, Goodwyn and Haynes were standing near the

bar and were approached by a group of seven other concertgoers. A man in the group

(the aggressor) looked at Haynes and without provocation said, "What you looking at,

nigger?" Haynes responded, "You need to go on with this stuff. I'm not here for this."

After this exchange, a companion of the aggressor intervened to diffuse the situation and

he and the aggressor stepped away from Haynes and Goodwyn. Goodwyn looked for a

security guard or bartender to intervene. He saw the only bartender on duty that night at

the other end of the bar, but could not get his attention. Another concertgoer, Kimberly

Handy, who met Haynes and Goodwyn for the first time at the concert and witnessed the

exchange, also unsuccessfully attempted to flag down the bartender.

A total of 10 security guards were on duty the night of the incident, three of whom

were employed by an outside security company and stationed in the parking lot. Of the

seven guards inside, two manned the entrance to check tickets and identification,…