Legal Question in Criminal Law in California
Police Brutality Case
I was walking to the store, on cell phone a guy behind me was walking with open can of beer and police came and gathered three of us together to be searched...i informed them that i had nothing to do with gentlemen with open can of beer he insisted that i too get on the back on his car(police car) so i ran because i had a gun on me at the time, once i realize that chances of me getting away was not possible i surrendered i layed down on ground and the police punched me in the back of head so i replied '' i ask him why he hitting me in my head'' then he continued to beat me....while beating me friends mother and sister came and ask police why are they beating me? they didn;t reply........another officer came and pinned me to ground with his weight while on my neck........during the entire ordeal i was in handcuffs.............they charged me resisting arrest but later this charge was dropped, and all other charges as well.....I am wanting to know do i have a case i can file against them
2 Answers from Attorneys
Re: Police Brutality Case
Yeah, with the small problem of your having to explain to the jury why you were walking around with a gun. You may have as little as six months to file a claim, I am telling you this to cover myself and not because I think you would win your brutality case on these facts.
Re: Police Brutality Case
Let's see, you ran [evading an officer, resisting arrest] that required you be captured and restrained, you had an illegal gun [state and federal felony], the charges were dropped for some reason [you probably had to waive probable cause to do so], and you wonder if you have grounds for a suit? Not likely.
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