Legal Question in Criminal Law in California

Was Beat By Security while in hand cuffs

My brother was caught shoplifting at a grocery store and he has priors for petty theft. He is on parole and is in jail now. My question is about the excessive force I feel that the store security used. My brother didn't resist and five men assaulted him. One man grabbed his arm and he stopped then three other men came from behind and threw him to the ground while pulling his hair back and striking him in his Adams apple several times. They had cuffed him took him upstairs to the store office and two of the men approached him again and they exchanged words and each man grabbed a leg and made my brother hit face first on the office floor. My brother was taken into custody and he has been taken to the hospital while in custody every day he sustained numerous facial injuries. Is there anything that we can do to these men or the store? For the fact that he was in hand cuffs and they used excessive force. We have very limited funds and can�t afford a good layer but don�t believe that what they did to him was right My brother was caught stealing 2 toothbrushes, a box of Ice cream and quart of chocolate milk.


Asked on 7/07/04, 2:29 am

2 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Was Beat By Security while in hand cuffs

Yes he has a cause of action for battery. Call me diretly at (619) 222-3504.

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Answered on 7/07/04, 11:59 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Was Beat By Security while in hand cuffs

It sounds like your brother has a legitimate claim for battery. Depending upon the circumstances, he may have other causes of action such as civil rights violations and intentional infliction of emotional distress.

As long as he did nothing to justify the level of force that was used against him, your brother seems to have a very good case.

Feel free to contact me directly if you want to discuss the matter further.

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Answered on 7/07/04, 3:29 pm


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