Can a lapd officer be sued for choking a person while they are on their knees and cuffed ???

Question

details details ....

So my brother was walking home and an officer pulled him over wondering where he was going. So about 5 squad cars pulled ip and one of them was an African American male that is known in my area for being hands on with his detainees ... So my sibling was asking the officer why they had him there , but ofcourse in a bad way. So they asked him to shut up but he did not, he told the officer to f(**)k off... he then grabbed him and chocked him while puttin the pepper srap in his face and telling him to shut up or he was gonna mase him . He had one of his buddies witness this incident. But the thing is cops back each other up no matter what ..... it was 8 cops so 2 vs 8 ..... we filed a report .... should i take it to a lawyer ????

Answer 1

depends on if they hurt you

Answer 2

Yes, of course, if there is supporting evidence.

Answer 3

If you tell an officer to f(**)k off, what do you think is most likely to happen?  Do you think the officer is going to apologize and walk away, or do you think that's going to enrage the officer and provoke him into an attack?

Your friend has pretty bad judgement and I'm not surprised he got treated in the way he did.

Answer 4

An LAPD officer can be sued for:

1.  Being an LAPD officer

2.  Arresting someone

3.  Having them on their knees

4.  Handcuffing them

5.  Choking them

You really need to consult with legal counsel on this issue.  There's just no way you can get thorough and knowledgeable answers here from people - it would take an attorney hours to determine if a lawsuit was warranted and you want it done here in minutes.  Just can't happen.

Answer 5

Yes, in fact he can be criminally prosecuted.  Just don't expect it to be an easy fight.

Answer 6

Sounds like your bro got his butt kicked for disin' a cop; so what's the big deal?  How many more times is it going to take for your bro to get his head right?  A smart person doesn't keep trying to go against the tide; then again, sometimes it takes a couple of good thumpings before someone learns how to behave when the police are talking to them.

Answer 7

Talk to a lawyer.

Sounds like the cop used excessive force. He's the kind of guy that gives cops all over the place a bad name.