Legal Question in Civil Litigation in California
What i want to no.if me & my 11year old son and his father are playing outside. and for a police officer to be driving by and think we are fighting .and stop's and get's of his car yelling at ernesto to get on the ground.and ernesto is just looking at him cause he dont understan english. and me and my son are telling him that we are just playing.but all his doing is yelling at ernesto.that's when i told the officer why should he get on the ground if he didn't do nothing wrong.and i also said to him that he had a bad nee and he couldn't bend it.and that he didn't understan english.and i turn around and i look at ernesto and i told him to go inside.he walk back never giveing the officer his back.when i seen that the officer was going to go after him i went and stand by my door and block it with my arm's. and he said to move. i told him that he could'nt go in my house cause we did'nt do nothing wrong.thats when he push me and i felt this tearable filling on my chest. and i reali ze that he had use his tazier on me with out warning me.my son got so scare he thouht he had shot me .a lady came over because she said that she herd my son crying loud and she seen him run across the street with out looking if a car was coming my son would wake up crying at night saying that the cop's had killed me .you think i shoud take it to court. at the time there were four of us at home that seen what happen that day.and the officer was the only one there at the time.
1 Answer from Attorneys
You could speak to plaintiff attorneys who handle this type of case and/or organizations who act as watchdogs over the police [American Civil Liberties Union], butyou do not have a great ase. Is Ernesto her legally? If not, if you rock the boat the INS might come after him. The officer is not going to get out of his car unless he thought something illegal might be occurring. He gave Ernesto an order, which should have been obeyed even if wrong. By telling him to go into the house and then blocking the doorway you were interferring with a police officer and could have been arrested. Your son, who saw you shot, might have a case,as he was in the zone of danger. You will feel better finding out what the matter is worth doing about.