While holding his hands up. The officers slammed him to the ground put his face in the dirt and handcuffed him. They said he was a suspect after they handcuffed him, but this same officer looked my son dead in the face while he was standing on the fence watching them as they passed by doing nothing. So as he's in handcuffs the lady officer is choking him and ends up scratching him on the back of his ear. While he telling them he did not do anything and why is he being handcuffed. Do we have a case because this is Police Misconduct he was nowhere near the incident and they knew that before they approached him.
Not inherently as nowadays far too many people are baiting law enforcment and claiming "I did nothing" when there are other facts in play. By example, the lady on You-Tube in NC repeatedly claiming her husband "ain't" got no gun" and "its a bible"......and after the shooting revealed it was in fact a gun and that she knew it because of text messages between them. Now, assuming no charges were filed and your son was "let go" this does NOT mean that you shouldn't raise issue with this, as you certainly should, by having your son file an internal affairs complaint as a starting point. If you are willing to spend money out of pocket to investigate the issue directly such as gathering witness statements and trying to get some background on the officers involved, this can certainly be undertaken and is the foundation for establishing what actually happened (or as close as possible) and then make decisions about where to go from there.
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