Legal Question in Personal Injury in California
Hi, I have a question. A few days ago I pushed my mother after she had pushed me in front of a police officer. The police officer then responded with "Don't push your mother in front of me." and proceeded to throw me to the floor. He then asked me "Do you want to fight?" and I said no, or something along the lines of that. Soon after i tried to pull away he put my arm into an unnatural postion and handcuffed me extremely tight and threw me in the car. Then when he got in I spat on him so he pepper sprayed me and said, "Lets see you ever spit at an officer again." I now have burnt skin on the tips of my forehead, across my left cheek, which is also full of blisters from the spray, and on the back of my head whcih is full of blisters. Was this legal for the officer to pepper spray at the time, or is it considered police brutality since I was already cuffed and in the back seat of the car. I also forgot to mention that he continually sprayed the pepper spray for about ten seconds. escpescially on the back of my head and my face. I am concerned that this was a mild form of police brutality because the officer stated something along the lines of breaking the last guys nose who spat on him, and something like "I wanted him to see that ugly mark on his face every morning."
Was this legal for the officer to pepper spray at the time, or is it considered police brutality since I was already cuffed and in the back seat of the car? - This is my main question
Information that may be helpful
I am fifteen, male, asian, and about 5'11" and roughly 170lbs
The cop was probably in his late 30s - 40s, male, probably of hispanic decent, around 6'2" posibbly give or take an inch and probably between 200 - 220 lbs, with his partner right there.
Thank you in advance.
1 Answer from Attorneys
Based upon the facts you state, it was the use of excessive force. You should consider filing a complaint with his police department. First you need to think about whether it will have any effect upon any criminal charges pending against you. The court and district attorney's office is not supposed to pay any attention to that but sometimes they do. You may need to speak to a local attorney who handles excessive force cases. John Burris handles them in the Bay Area and his Office may be able to refer you to some attorney in your area who is expert on such matters.
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