Legal Question in Criminal Law in California

Re: Who gives theses Deputys the right

What you have described sounds like a violation of your husbands constitutional rights to be free from unreasonable seizure under the 4th amendment. There is a provision under 42 U.S.C. 1983 that allows your husband to sue for damages sustained as a result of excessive use of force. You should consult a federal civil rights attorney regarding this matter.

I am a federal civil rights attorney and can answer your questions free of charge. Call if you have any.

Joseph Low (949) 251-0123

Re: Who gives theses Deputys the right

Thanks for your posting. You should complain to the supervisors of the deputies involved, and see an attorney that handles government claims and/or civil rights violations. An expert witness might be needed to see if the deputies violated procedures or practices in your husband's case. It's hard to say without seeing all the facts, but it does sound as though the force might be excessive based upon the threat to the officers.

Re: Who gives theses Deputys the right

If the facts are as you represented. They took it way too far. However, there is the we're the boss and you're the slave syndrome, that sets in with guards. And when faced with prisoners acting up. The prisoners that are in close proximity are considered to be a possible threat. And they are usually treated very roughly to insure a quick and efficient quelling of the disturbance. The average citizen or service member do not have the skills to 'take down' a recalcitrant prisoner. I do believe that the most efficient way to do a take down is very quick with definite aggressive movement. That doesn't give the person being taken down a chance to resist. Lengthy resistence can lead to very serious injuries.