Legal Question in Civil Litigation in California

Excessive use of force?

My husband and I were subpeonaed as witnesses to testify in a case and we didn't show up.At 5:00am the next morning the cops were banging at the door stating they had an arrest warrant for my husband,which they would not show me.So I refused to open the door.The cops informed me that they were coming in, they would shoot my dog,call CPS to to pick up my child, and arrest me and my husband on the warrant they claimed to have.As I went to put my dog out I could see them in the backyard.About this time my husband had gotten his clothes on and went to the door and immediately drew their weapons demanding he come out.He replied he was coming out unarmed and to not beat him up.A cop then busted out my daughters bedroom window and as my husband went out the door almost to his knees they tazered him,then shot my dog as well.I shut and locked my security screen door.They told me to open up I refused so they busted open the door and came inside to get me.We were both arrested.The cops audio taped the incident, and I have the tape.We have witnesses who seen my husband and dog get shot.I'm not looking for a criminal attorney,I want to know if I have a civil case.


Asked on 5/23/03, 2:56 am

4 Answers from Attorneys

Armen Tashjian Law Offices of Armen M. Tashjian

Re: Excessive use of force?

Was it a large and dangerous dog?

Was it about to attack any of those trigger happy cops, giving them the excuse of self defense?

Did you and your husband own any firearms, which was known by the cops, giving them the excuse to do what they did to you under the guise of safety?

Did you ever get to see the warrant? and if so, was it for the arrest of just your husband or you as well?

There are many such questions that needs to be answered before undertaking a legal action. No matter what, please know that there is a 6 months statute of limitation, wherein which you must file a claim against the government (city, county, etc.) in order to be able to go forward.

I am sure you will have many attorneys offering free advice and will be interested in this case. Nevertheless, I suggest you call Mr. Garo Mardirossian (323)653-6311, a top notch attorney in this field, and run this case by him. Mr. Mardirossian was the attorney who got the highest verdict against a law enforcement agency in the country, over $24 million dollars(Dole vs. LA County Sheriffs).

If you do not find a suitable attorney to represent you, then I'll be glad to counsel you on this matter. Good luck.

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Answered on 5/24/03, 2:24 pm
Jeffrey D. Olster Russakow, Ryan & Johnson

Re: Excessive use of force?

Based on your version of the facts, it certainly sounds like excessive force to enforce a subpoena. You may have a case.

My office has handled police misconduct cases. Please feel free to call for a consultation at no charge.

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Answered on 5/23/03, 11:43 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Excessive use of force?

Unless you and/or your husband have a history or *very* serious violence, this sounds like highly excessive force. A witness who failed to appear can properly be arrested and brought to court, but the police can't use force unless the circumstances justify it and nothing you described would justify even slight force, let alone tazering your husband or shooting your dog. You were within your rights to demand to see the warrant and the police could not do anything to you based upon that demand.

Please feel free to contact me if you would like to discuss this matter further.

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Answered on 5/23/03, 3:11 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Excessive use of force?

from the facts given, i certainly empathize with you and your family for having to go thru such a traumatic ordeal. based on your facts, you appear to ABSOLUTELY have a VERY strong case for police misconduct and/or violation of your civil rights. if you have witnesses and audio evidence as well to bolster your claims in court, you certainly have a very high probability in prevailing in this matter as well. if you would like further assistance and/or representation in this matter, feel free to email me directly with how you would like to proceed, and my law firm will be more than HAPPY to AGGRESSIVELY help ensure that justice is swiftly served in this tragic matter. no one should ever be put thru something like this. warmest regards always.

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Answered on 5/23/03, 3:36 pm


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