QUESTION
Can police beat a man in a police station when he is restrained and being cooperative? If so, why? If not, what can be done about this?
Asked on May 04th, 2013 on Personal Injury - California
More details to this question:
My friend's dad was arrested today. He is in his mid 50's and has a physical disability which requires him to use a crutch to walk. When the police arrested him, he was not cooperative at first. When he was restrained, he settled down and cooperated. At the police station, the police kept him restrained, mocked him, and beat him. He was bleeding from his head and has two black eyes.
8 ANSWERS
Ronald A. Steinberg
Well, how can he prove that he was cooperative AFTER being a jerk? The police are allowed to use reasonable force to restrain someone during a lawful arrest. The argument is going to be that your dad's friend will say he was being cooperative, and the cops will say that he wasn't And just whom do you think that the jury will believe?
Answered on May 09th, 2013 at 2:35 PM
1 Award
Your friend or his father should discuss this issue with a lawyer. Your friend's father may have a case that can be pursued, depending on the facts.
Answered on May 08th, 2013 at 6:10 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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It sounds like excessive use of force, but proving it may be another matter.
Answered on May 08th, 2013 at 3:33 AM
Thomas Edward Gates
The police can be sued for a civil rights violation.
Answered on May 08th, 2013 at 2:45 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It is not allowed and he should talk with his lawyer about what happened.
Answered on May 08th, 2013 at 2:25 AM
John Hone
In Michigan, the scenario you have described is wrongful, against the law, and police brutality. The victim has a civil claim for his deprivation of rights. To prove your claim, you need evidence in the form of witnesses, and injury evidenced in medical records.
Answered on May 08th, 2013 at 1:53 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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He should discuss this with an attorney, such treatment is a violation of his civil rights and actionable.
Answered on May 08th, 2013 at 1:53 AM
The police normally do not use excess force, so he may not be telling you the truth. Why would they beat up a middle-aged man, especially without a reason? Obviously, they can only use reasonable force if necessary. It is up to him to decide if he wants to take a further step. You can not do anything if he does not want to.
Answered on May 07th, 2013 at 12:33 AM