Legal Question in Criminal Law in California

Re: Oops we are so sorry ,our bad

the police department is authorized to use all reasonable and necessary force in apprehending a suspect. what is deemed as reasonable and necessary is subject to the totality of the circumstances test. if you or your friend feel under the circumstances that the police force used to apprehend him was both unreasonable or unnecessary,then your friend may absolute have a case for violation of his civil rights. if you would like further assistance and/or representation in this matter, feel free to email my office asap with more specific details regarding this situation, from start to finish.

Re: Oops we are so sorry ,our bad

The facts you describe don't really suggest that your friend's rights were violated, though of course you only summarized what happened and there may be details which would lead me to believe otherwise.

Your question says that there actually was a fight and that the neighbors reported it to the police. The police are entitled to use reasonable force in light of the information available to them at the time. If the neighbors reported violence and the police see no reason to doubt that report, then they are entitled to employ more force than would be appropriate in a peaceful situation.

Now, if the neighbors made a false report your friend might have recourse against *them*, even if he has no such recourse against the police. But since your question states that there really was a fight and gives no details about it or about the neighbor's report, I really can't offer an opinion.

As to how this is possible, it may be that the police and/or the prosecutor recognized a problem with their case -- maybe the girlfriend refused to testify against your friend, or maybe the police violated some of his rights in a way which would prevent a successful prosecution. The fact that charges were dropped does not mean they never should have been brought in the first place, nor does it mean that the police acted improperly by using force. It certainly doesn't mean your friend was innocent of the charges against him or that the police violated his rights. Despite the title you came up with for your question, a decision to drop charges is *not* equivalent to an admission of improper conduct and is not enough to show liability. If it was, the government would have a perverse incentive not to drop charges even when it learned that it had no case.

If you would like to contact me with more facts I may be able to offer you a more concrete assessment. As I said, it is very possible that he has a case, but I would have to see more facts than what you have offered before I would be able to say whether he does or not.