Legal Question in Personal Injury in California
Was Beat By Security While In Hand Cuffs
My son was caught shoplifting at a grocery store .the security used excessive force. i feel that they did not need to go as far as they did . my son went to court the charge was robbery.His attoney asked for the video tape. then it was change to a pettythieft charge.
my son was beat by 5 men one of them pulled his head back while the other hit him in the adams apple several times.one guy said f======= this guy and hit him in the face with his elbow and hit the ground to and said that my son had injuried him.then took him upstairs and two men one on each side of him pulled his legs out from under him so he hit the ground face first cut his face up badly he was taken to the hospital.he was there 2 days he is still having follow up treatments. there are things wrong now with him .is there anything that we can do to the men or the store? for the fact that while he was hand cuffed and they used excessive force.we have very limited funds and can't afford a good lawyer. But dont believe what they did to him was right. my son was caught stealing 2 toothbrushes, a box of ice cream and a quart of chocolate milk. thank you
5 Answers from Attorneys
Re: Was Beat By Security While In Hand Cuffs
Any other witnesses?
Re: Was Beat By Security While In Hand Cuffs
Have your son go to a personal injury lawyer who can evaluate the evidence in the case and determine if he has a viable legal action. The evaluation should be free.
Re: Was Beat By Security While In Hand Cuffs
If you are in greater LA area, I'll be happy to look into your case. Seems outrageous what they have done to him.
Re: Was Beat By Security While In Hand Cuffs
If the facts are as you say then your son has a very good case against the store and the men who beat him. The fact that your son was breaking the law entitles the store to detain him and to use a reasonable amount force to prevent his escape; if he fights back they are entitled to defend themselves. But the fact that he was stealing does not mean they can do whatever they want to him.
I do have some doubts, though, about what you say happened. You say that these events were caught on tape, but it also sounds like you haven't seen the tape. Given that you say your son was first beaten in one place and then moved upstairs and beaten further, how can you know what the tape shows? Also, I have never heard of a grocery store having five security guards on duty at the same time. Are you sure there were so many?
And at the risk of seeming snide, I am impressed that someone who stole ice cream and chocolate milk had the presence of mind to take toothbrushes for use afterwards. But the fact that he took two suggests that he was not working alone. Was anybody else charged?
Re: Was Beat By Security While In Hand Cuffs
Sounds outrageous, and I can believe his story, but what is the version from the store? Is there any video available to show this was assault instead of him resisting arrest? That is likely what they will say - remember Rodney King? Was he tested for being under the influence of drugs - that would come out as explanation of his behavior. If he is not a drugee, and if the incident was recent enough to make a new drug test useful to prove no drugs in the system, he should do that.
He needs counsel promptly. Contact me to discuss the criminal defense and then civil action against the assaulters.
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