Legal Question in Civil Rights Law in California
I have a mental disability and receive ssi. I made a bad choice I stole a five dollar pen at walmart. The lp person rushed me in the parking lot unnanounced brutally grabbed my arm twisted it and threw me into the pavement. This left large bruises scrapes and abrasions on my arms sholders and back. He then threatened to tazer me. All this was unessary because im only a 108 lbs female who wasn't even trying to run or struggle. He then proceeded to make derogity racist statements to me and had a good laugh at my disability calling me retarded. Then had me jailed and arrested over a pen.
2 Answers from Attorneys
I have no problem with your being arrested, jailed, or insulted for stealing. Maybe you will be able to find a lawyer for your excessive force claim. Seek all necessary medical attention. Watch out for legal time limits.
Your 'disability' is not a serious defense to criminal charges, nor is it any support for a claim of excessive force. Reasonable force can be used to apprehend and subdue criminal suspects - you. Reasonable can be debated. You put yourself into this situation by your theft, you need to effectively handle it like any other defendant. I suggest you hire an attorney to do so.
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