Legal Question in Civil Rights Law in California
Pepper Spray
My friend and I left a bar and he got sucker punched then jumped by five guys. When I realized it was him I went to help but a cop stopped me and threw me down to the grown, then handcuffed me and put me in the police car. After this happened I wait for him to eventually let me out because I still hadn't done anything wrong. I started asking the cop why he as arresting me and why I was still in the cop car? (But no answer) Eventually, we drove off and I fell asleep because I thought they were just taking me to jail. The next thing I know the cop is spraying me down with pepper spray while I�m handcuffed still in the car! After that he drove around for about 20 min. or so (I'm was still hand cuffed) Once we got to the police station I was still unable to see because I still had pepper spray in my eyes. They put me in a jail cell unable to see or realize where I was at. They charged me with drunk in public & obstruction of justice. I still have no idea how or why they decided to charge me with and I think and honestly feel that my rights have been violate and i want to know if there is anything that i can do about this great injustice in which i had to deal with. In addition i have a perfect recond with only 3 speeding tickets.
1 Answer from Attorneys
Re: Pepper Spray
Welcome to life in America.
From my ongoing personal experience, waging a case for civil rights violations is extremely time consuming and expensive. Unless you're a person of color or the cops send you to the hospital, you don't have enough damages to make bringing a civil rights action worthwhile. The reality is that the cops in this "great land" are pretty much insulated from accountability for their actions, excepting only the most outrageous acts that cause extreme injury and have a clear racial or other "invidious" motive.
The best you can do in your situation is to fight to clear your name of what, from what you say, are probably fabricated criminal charges, then, if you are successful, move somewhere else.
Like I said, that's life in modern America.
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