California woman, Cindy Hahn, is suing the city of Carlsbad, California, and several members of the town’s police department following an incident captured on cell phone video in which the mother of two was allegedly pinned down and punched by law enforcement officers after being pulled over for a seat belt violation. “I want to assure the public that we are prepared to provide a complete and detailed account of the facts of this incident in a courtroom, including what is not shown on the video released by the plaintiff’s attorney,” said Neil Gallucci, Chief, City of Carlsbad Police Department.
Legal Analysis: Police officers have a responsibility to protect the public. Cell phone video has enabled citizens to record interactions with police and hold them accountable for their actions.
When arresting someone, police have to use what is called escalating force. This means they must use the least amount of force required to arrest someone and the force starts from the least invasive and increase in steps. In this video, it appears that the force used was unnecessary and may be to the level of criminal conduct on the part of the officers. The officers, as well as the municipality they work for, can be held liable in civil court for the damages and injuries caused by their conduct.
About the Author: Eric Guster is an attorney nationally recognized for his legal analysis. He appears weekly on Fox News, CNN, and MSNBC providing legal insight into the nation’s most interesting and complex cases. Guster’s Law firm is based in Birmingham, Al. If you are need of legal help, call Eric Guster today at 205-581-9777 or email Eric@gusterlawfirm.com
For the original story visit: http://www.hlntv.com/shows/nancy-grace/articles/2015/10/07/caught-on-tape-mom-punched-in-face-by-cops
