Man files lawsuit against Dixie Roadhouse after fight involving 3 FMPD officers

A man who claims three off-duty Fort Myers police officers beat him up in a fight at Dixie Roadhouse in Cape Coral is now filing a lawsuit against the bar.

Fort Myers Police Department says the State Attorney’s Office will not charge the three officers who were involved in the fight. The unnamed officers were then put on administrative leave after the incident.

Robert Volk says, on the night of February 20, an accident turned into a fight on the dance floor that ultimately sent him to the hospital.

In an interview with WINK News on March 11, Volk said, “I was line dancing, I guess I went the wrong way and bumped into them.”

Volk said the accidental bump led to words, then a shove. Then he says one of three off-duty officers hit him.

MORE: 3 FMPD officers won’t be charged for Cape Coral bar fight

“Everything just went white,” Volk said. “I just remember multiple hits, kicks, and hits to the head.”

Volk said he continued to be assaulted.

But the initial police report from the morning of the incident says something very different. In that report, it doesn’t list Volk as a victim.

He says surveillance video will show the truth.

On Monday Volk said he saw the video and it’s “clear as day” that Dixie employees or security should have stepped in and that the off-duty officers were in the wrong.

The suit filed against Dixie Roadhouse is for $30,000 plus attorney fees and he claims the establishment “failed to conform to a reasonable standard of care by not providing adequate security.”

It goes onto say prior to the attack there was no security nearby and they failed to respond in a timely manner despite calls for help. Also failing to provide medical aid in a timely manner among other claims.

He believes once that evidence is released to the public, the right thing will happen, adding that the video should become public by the beginning of October when FMPD finishes their internal investigation.