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My son was arrested last night for a warrant, they say he resisted

arrest then tazed him,...
My son was arrested last night for a warrant, they say he resisted arrest then tazed him, they broke his wrist. Is this excessive force?
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Answered in 13 minutes by:
11/1/2012
Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4,502
Experience: Almost 12 years of legal experience, primarily in criminal law
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Hello.

 

It is possible. There's no bright line that says something is excessive force or not. The question is whether or not the use of force was reasonable in light of your son's actions. For example, if he was reaching for one of the officer's guns at the time they were trying to arrest him, then it is possible that the amount of force used would be found reasonable because they were protecting themselves from a threat to life. If your son merely slapped one of them, then the use of force here is clearly disproportionate. If the force was excessive in light of his own actions, he can file a complaint with the Internal Affairs division of the police department that employs these officers. He may also have grounds for a lawsuit. Many civil attorneys will do an initial consult for free, so he may want to consider meeting with a couple and going over the facts of the case to see if it is worth pursuing a lawsuit against the police and the department. He will want to look into that sooner rather than later because many government agencies have to be served with notice of intent to make a claim within a certain period of time to proceed with a lawsuit.

Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4,502
Experience: Almost 12 years of legal experience, primarily in criminal law
Verified
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Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
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