Beaten By A Police Officer

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What is the name of your state? Texas

I am not perfect. Lord knows i am not but I swear that cop tried to kill me.

Here is the story.

Me and my wife got into a scuff, as usual.

The cops was called, as usual.

The cop was about to take me to jail and all I said was i will kill myself before i go back to that jail.

Then the cop took out his stick and started beating on me. It got to a point where my wife was saying that is enough and to stop but he kept beating me. He would not stop and by the time he was finished, I had to be taken to the emergency room for treatment. Then to jail. While in jail, I had a siezure. I am thinking it may have something to do with the beating.

I have a witness, my wife. I have people who was out in the street who saw me with bruises and cuts before they took me to the hospital. I had cuts/bruises on my face, and my arms, and my legs.

This was a black cop, I am a white man.

Is there a lawyer that is willing to take a case in san antonio texas and has enough B#LL's and language to take on the city? I have no money so i guess we would have to work something out.

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I seriously doubt that you simply folded your arms, said, 'I'm not going to jail," and the officer drew his baton and started hitting you.

What were YOU doing to avoid going jail in addition to verbally refusing?

- Carl

I would like a further explanation as well.

Please also include what constitues a "scuff".

Here is why I ask. If the police were called because you were violent and you yelled, "I will die before going back to prison", you basically stated, "Hi, I am a violent person and you guys are next".

And the comment, "as usual" seems to indicate that these conflicts are standard fare ... not a good sign, and not one that will make you a credible witness in court.

And, your wife, well, she is biased - DV victim's are notorious for even risking jail themselves to protect an abuser, so her credibility about your victimization will be suspect as well.

- Carl

And lastly, about the seizure...

May I assume that there was alcohol and/or other self prescribed medications involved?

To recap. You house is a frequent stop for "scuffs". You have been jailed before for them. This time, you state that you are not going back alive.

You said your wife told them to stop... what were YOU doing at the time? Were you lying on the ground with your arms behind your back or were you still resisting arrest?

Additionally, force is required to be reasonable and the goal is to gain compliance. If the force was UN-reasonable, or was used simply to "punish" and not to gain compliance, then you may have a cause of action. Otherwise, the law requires you to comply with an arrest. Your failure to comply does NOT require the police to use EQUAL force, only that they utilize REASONABLE force ... in some cases this can be Tasers, batons, chemical agents, etc.

Without further details, no solid opinion can be rendered here.

- Carl

Quote:

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Quoting cyjeff

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what were YOU doing at the time? Were you lying on the ground with your arms behind your back or were you still resisting arrest?

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If someone is being struck with a baton, is it reasonable to expect them to lay face down with their hands behind their back? Would covering yourself to protect against additional strikes be considered resisting arrest?

I don't believe I would be able to make a rational decision under these circumstances to stop protecting myself. Using my arms to protect my head and body would be my instinctual reaction. Not that I personally would continue to actively resist, but I am sure I would try to protect against additional injury until the strikes ceased. Lol would I just be beaten to death if I continued to protect myself?

Quote:

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Quoting phiendswmd

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If someone is being struck with a baton, is it reasonable to expect them to lay face down with their hands behind their back? Would covering yourself to protect against additional strikes be considered resisting arrest?

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It might be ... it depends on the circumstances.

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I don't believe I would be able to make a rational decision under these circumstances to stop protecting myself.

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That's why a lot of officers have Tasers now. Less chance to get hurt.

- Carl

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Quoting cdwjava

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It might be ... it depends on the circumstances.


That's why a lot of officers have Tasers now. Less chance to get hurt.

- Carl

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I am reasonably certain, if an event like this occurred to me, the circumstances would involve me in the fetal position praying :)
Thankfully, I don't break the law. I would not resist either, even if I believed it was unlawful. That is not the time or place or argue the matter.

The police in my state, where I spend 99.9% of my time are not authorized to carry or use tasers, so that would not be an option.

Sorry to jack your thread, I'll stop now.

Quote:

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Quoting phiendswmd

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I am reasonably certain, if an event like this occurred to me, the circumstances would involve me in the fetal position praying :)

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Which might well stop the batons from flying ... provided they could get a hold of your arms and handcuff you.

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Thankfully, I don't break the law. I would not resist either, even if I believed it was unlawful. That is not the time or place or argue the matter.

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Correct.

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The police in my state, where I spend 99.9% of my time are not authorized to carry or use tasers, so that would not be an option.

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Wow! What state is that? I have not heard of any state that restricts Tasers!


- Carl