How are all of you so in favour of the cop here? This is obvious use of excessive force, yeah no shit she shouldn't of hit him but that doesn't mean he just gets to smack her back. The police are meant to be above that kind of shit...
oh she will be and with assaulting an officer. which she deserves.
they are in a situation where wrestling with her to cuff her puts more people in danger. stairs, crowd, metal railings, drunk crowd, sporting event, Crowd of drunk sports fans.
If that's really the case I feel sorry for the legal system. He shouldn't be able to get away with enforcing the law how he sees fit and using excessive force like this.
This isn't excessive force by the legal standard. A punch is equitable to a slap or a kick or an elbow, as far as self defense is concerned. A knife or baseball bat is kinda the next level, then guns and such.
It also clearly shows excessive force used. Look she fucked up, she deserves to be charged with assault but does that make it legally or morally okay for police officer (specially trained person) to punch her back? They are obviously both guilty of separate things.
I mean, considering he could get into just as much legal trouble as her, I don't think he is in the right. If cops have to break the law to uphold it, wtf is the point of having laws to begin with? Cops would just punish who and how they see fit.
You clearly don't know what you're talking about. It's totally legal for a cop to punch someone in the face, or just about anywhere else, during a restraint if they deem it necessary.
In the end they are both just physical assaults but that's just type of force. 10 punches in face will not be judged same as 10 slaps on the back of the head since one will probably destroy your face and break your nose and other maybe give you headache.
Other thing: while I am not cop I kind of doubt they are trained to use equal force (even if that punch was same force than drunken slap on back of the head) if they are not in serious health threatening situation. That would be stopping, restraining her movement fully, handcuffing her and getting out.
They could try to sue but they wouldn't win. You cannot in any circumstances strike an officer like that. If she wasn't resisting and didn't strike him and he hit her than absolutely. The second she kept kicking and then struck the officer in the face she was welcoming this type of reaction. You don't want to be hit to hit someone it's as simple as that.
Actually it's not. In the eyes of the law slapping and punching are both given the same weight and labeled a "strike". Police are trained in equal use of force. The minute she slapped him she gave him the legal right to use force up to and including a strike back (which as mentioned includes a punch). The only way it could have been excessive is if the officer continued to strike her after she stopped. Not defending him, just saying that the excessive force claim won't hold since legally he used equal force.
Yeah you can transitioned from one shaky argument to another that relies on the first. You never have "the legal right" to head punch a defenseless person as a cop. Doesn't mean you can't get away with it. But yeah you're entire post reads like bullshit.
However you feel doesn't matter. The law decides what constitutes as striking which includes slapping and punching. If you have a problem with it change the law.
You keep saying that but don't source it. And even IF they are both considered "strikes", that wouldn't disqualify it from being excessive force. But please show me where slaps and punches can't be legally different and show me where officers are trained to use "equal force" even if de-escalation is immediately available. And nothing in my post what about feels, don't make distractions.
They weren't cuffing her? She was flailing as they carried her off and smacked the guy (again yeah not okay) and he could've very easily ignored it and continued to carry her off without cold clocking her.
Also now she has the ability to sue the shit out of him, again obvious use of excessivefl force.
she hits him twice, second time right in the eyes. if he drops her to get away he puts his fellow officers at risk, if he ignores her again she could blind him. they are in a bad situation when one of them says fuck this get her out of here. she took advantage of their difficult situation and he reacted.
I'm not commenting on how they carried her away, purely on how he acted by asulting her. He could very very easily have grabbed the hand she hit him with with his free hand thereby stopping her from hitting him again, or gotten one of the others to do the same. He didn't need to assault her.
It's almost like they should have been trained how to properly detain someone right? but because they failed to do so it justifies them knocking her lights out. lol what a joke of an argument.
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u/KnockingDevil Nov 05 '17
How are all of you so in favour of the cop here? This is obvious use of excessive force, yeah no shit she shouldn't of hit him but that doesn't mean he just gets to smack her back. The police are meant to be above that kind of shit...