Legal Question in Criminal Law in California

Long Story...

My brother was arrested for evading, resisting, and receiving stolen property. Before the arrest was made, my brother led the officer on a high speed chase. The officer said he saw no weapons on my brother�s person, or within his reach!! The officer then hit him in face with the baton. The officer said he was trying to hit my brother in the chest, but missed and hit him in the face. When hit in the face, my brother slouched over into the passenger side holding his face. He sat back up, and the officer tried to hit him in the face again but my brother shielded the blow with his arm. The officer then told him to get out of the car, which the officer helped him do, and he laid on the ground. The officer then told my brother to put both arms behind his back, but my brother could only put one behind his back, and told the officer he couldn�t because the hit from the baton had messed up his arm. The officer hit him several more times in the back and then forced my brothers� arm behind his back. My brother never fought, cursed, or said anything derogatory to the officer. Was excessive force used in this matter? I know these facts to be true, because I requested a copy of my brother�s parole hearing!! Thanks...


Asked on 5/07/08, 7:09 pm

1 Answer from Attorneys

Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Long Story...

There is no doubt this was excessive force, if these are true facts. The big and separate issue is whether this is something you could prove in a civil lawsuit or criminal case.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 5/08/08, 1:57 am


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