Drug Policy

Ninth Circuit to DEA: Pointing* a Gun at an 11-Year-Old's Head Is Not OK

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At 7 a.m. on January 20, 2007, DEA agents battered down the door to Thomas and Rosalie Avina's mobile home in Seeley, California, in search of suspected drug trafficker Louis Alvarez. Thomas Avina met the agents in his living room and told them they were making a mistake. Shouting "Don't you fucking move," the agents forced Thomas Avina to the floor at gunpoint, and handcuffed him and his wife, who had been lying on a couch in the living room. As the officers made their way to the back of the house, where the Avina's 11-year-old and 14-year-old daughters were sleeping, Rosalie Avina screamed, "Don't hurt my babies. Don't hurt my babies."

The agents entered the 14-year-old girl's room first, shouting "Get down on the fucking ground." The girl, who was lying on her bed, rolled onto the floor, where the agents handcuffed her. Next they went to the 11-year-old's room. The girl was sleeping. Agents woke her up by shouting "Get down on the fucking ground." The girl's eyes shot open, but she was, according to her own testimony, "frozen in fear." So the agents dragged her onto the floor. While one agent handcuffed her, another held a gun to her head.

Moments later the two daughters were carried into the living room and placed next to their parents on the floor while DEA agents ransacked their home. After 30 minutes, the agents removed the children's handcuffs. After two hours, the agents realized they had the wrong house—the product of a sloppy license plate transcription—and left. 

In 2008, the Avinas—mom, dad, and both daughters—filed a federal suit against the DEA for excessive use of force, assault, and battery in the U.S. District Court for the Southern District of California, and requested a summary judgement. That court ruled in favor of the DEA, and the Avinas appealed. Last week, the family got justice. Now the Avinas will either have a trial, or settle with the Feds.

While the Ninth Circuit Court of Appeals defended the agents' rough treatment of Thomas and Rosalie, it also declared that yanking the Avina children of their beds and putting guns to their heads did, in fact, constitute the "intentional infliction of emotional distress."

(Read the Obama administration's defense of the DEA agents.) 

"A jury could find that the agents pointed their guns at the head of an eleven-year-old girl, 'like they were going to shoot [her],' while she lay on the floor in handcuffs, and that it was excessive for them to do so," reads the Ninth Circuit's decision, which was filed June 12. "Similarly, a jury could find that the agents' decision to force the two girls to lie face down on the floor with their hands cuffed behind their backs was unreasonable."

More from the decision:

Under our case law, an issue of material fact exists as to whether the actions of the agents were excessive in light of the ages of B.S.A. (age eleven) and B.F.A. (age fourteen) and the limited threat they posed. See Tekle, 511 F.3d 839 (holding that officers were not entitled to summary judgment on excessive force claim where officers pointed guns at an eleven-year-old boy's head during the arrest of the boy's father); Motley v. Parks, 432 F.3d 1072, 1089 (9th Cir. 2005) (en banc) (holding that officer's act of pointing a gun at an infant during the search of a gang member's house was objectively unreasonable); see also McDonald ex rel. McDonald v. Haskins, 966 F.2d 292, 294-95 (7th Cir. 1992) (holding that officer's act of pointing his gun at a nine-year-old's head during the search of home was excessive use of force). Accordingly, we reverse the district court's grant of summary judgment in favor of the United States on B.F.A.'s and B.S.A.'s claims for assault and battery.

 In a footnote, the court wrote:

Although there is evidence that the agents released the girls from their handcuffs once they realized how young they were, there is also evidence that the agents knew, prior to entering the girls' bedrooms, that the girls were children. Rosalie testified that, as the agents were heading towards the girls' rooms, she screamed at the agents several times, "Don't hurt my babies." Moreover, one of the agents testified at his deposition that, when he first saw one of the girls (presumably the older of the two girls), she appeared to be "12 [or] 13 years old."

The ruling concludes:

Viewing the evidence in the light most favorable to the Avinas, a rational trier of fact could find that agents engaged in "extreme or outrageous" conduct when the agents: (1) pointed their guns at the head of eleven-year-old B.S.A. "like they were going to shoot [her]" while B.S.A. was lying on the floor in handcuffs; (2) forced eleven-year-old B.S.A. and fourteen-year-old B.F.A. to lie face down on the floor with their hands cuffed behind their backs; (3) left B.S.A. and B.F.A. in handcuffs for half an hour; and (4) yelled at eleven-year-old B.S.A. and fourteen-year-old B.F.A. to "[g]et down on the f[uck]ing ground." See Tekle, 511 F.3d at 856 (holding that officers were not entitled to summary judgment on claim for intentional infliction of emotional distress where officers pointed guns at eleven-year old's head during the arrest of the eleven-year-old's father); see also id. at 859 (Fisher, J., concurring). Accordingly, we reverse the district court's grant of summary judgment in favor of the United States on B.F.A.'s and B.S.A.'s claims for intentional infliction of emotional distress.

As a side note: While this raid was conducted under President George W. Bush, the deputy administrator of the DEA at that time was Michele Leonhart. She is now the administrator of the DEA, thanks to an appointment by President Barack Obama. Furthermore, the Obama Administration could have declined to defend the DEA in this case. Instead, Obama's Justice Department has decided to make the case that federal agents should be allowed to hold guns to the heads of children. 

More: What happens next in Avina v. United States?

*A reader has objected to the original headline, which said "putting a gun to an 11-year-old's head," because there was no evidence in the brief filed by the Avinas, or in the 9th Circuit's ruling, that the officer's gun touched the little girl's head. The reader insists that the most common reading of the expression "put a gun to my head" implies the barrel touches flesh. I'd rather be clear than right, so I've changed to "pointing at."

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  1. DOJ could just admit the DEA was wrong and just paid the claim. Instead they will drag this out for a decade or more.

    1. They have a good reason. The district court issued a summary judgment for the United States — meaning there was no actual trial, the judge just said, nope, the Feds have immunity here, you can’t even sue.

      It’s that decision that the appeals court overruled. So now, unless the US can think up some new pre-trial distraction, the district court has to hold an actual trial in which a jury gets to decide who’s right and who’s wrong.

      What do YOU think the jury is going to decide? What kind of damages are they going to award? If I was on it, I’d think a round $1 billion in damages would get the DEA’s attention.

      Of course, the US will appeal. But they’re going to have a problem, because the appeals court cannot question the judgment of the “trier of facts” — which is the jury. Meaning that, if the jury say the DEA used excessive force, no appeals court, right up to the Supreme Court, can question that. That fact stands forever. All the US can do is argue procedural stuff, like the judge gave the jury the wrong instructions.

      Still, the situation should be corrected legislatively. Congress should pass a law stripping immunity from Federal agents who act in reckless disregard for facts or the law and thereby put lives in jeopardy. Even more than $1 billion in damages, if the agents in question had to spend six months in prison for assault with a deadly weapon, that would discourage getting the wrong license plate.

      1. What do YOU think the jury is going to decide? What kind of damages are they going to award?

        Before they get to damages, the jury will first have to decide whether any of this actually happened. You’re kind of forgetting that part. All we have now is the plaintiffs’ allegations, which may be true or may be a load of crap. I don’t know, and nor do you or Mike Riggs.

  2. Shouldn’t there be some sort of “link” in this post?

    1. Yeah, I just dropped in a link to the 9th Circuit ruling.

      1. Some of us trusted you Riggs.

        1. lulz!

  3. I trust that these officers are in jail for their actions, right?

    Haaaaaaaaaa ha ha ha ha haaa!

    I’ll be here all week. Don’t forget to tip the waitress.

    1. Seriously, did anyone even get dinged for this at all? Was it someone’s job to check all the details? Did that person get fired or at least demoted? If it wasn’t someone’s job, shouldn’t a boss get fired? Shouldn’t you be a little more sure about what you are doing when you wake people up like this?

      1. Agreed.

        The Avinas got some compensation; if the DEA thugs are still working, there has not bee justice done.

        1. Bee Justice for All!

          1. I’ll handle this.

            1. Clearly, you’re just a NYC hipster who creates artisan organic fairtrade honey.

              1. God, that sounds delicious. Douche-y, but delicious…

                1. Urban garbage honey sounds delicious?

                  1. Its all bee puke anyway, you know.

                    1. Some bees puke clover and lavender, some bees puke flat cola and melted ice cream. I can definitively say which one I’d rather eat.

                    2. Diesel-Dr. Pepper honey is my favorite.

      2. DavelnAustin, knock it off with the phony surprise that the government doesn’t punish brutality. This brutality is every bit as intended as the German holocaust. You live in Nazi America because the American people are a bunch of cowardly scum who refuse to fight against our government. We don’t need to tinker with the laws. We need a revolution.

        1. While I think your Nazi references is over the top, I think you are right that the brutality is intended. These raids are meant as a punishment. They not only avoid the whole jury trial thing, they get to punish the family of the “suspect” as well. I’m sure without hint of irony, most drug warriors think this is a great deterrent to help keep drugs away from our children.

          1. If you don’t count the next 50 years of anti-anxiety meds.

  4. With this happening to what appears to be a completely innocent family, why isn’t this news?

    1. Because attempting to defend this sort of depravity makes Obama look bad, and the news exists to make him look good? Except for Fox, which would still like the DEA to look good.

    2. Because dog bites man isn’t news.

  5. Federal suit is one thing, but when does the local DA file the state criminal case for excessive use of force, assault, and battery?

    1. *crickets*

    2. Perhaps his law school taught sovereign immunity.

      1. Sovereign immunity doesn’t apply to criminal statutes.

      2. An unnatural doctrine that should die a quick and bloody death.

    3. Fagiddaboutit. The feds can literally get away with murder: http://en.wikipedia.org/wiki/Lon_Horiuchi

  6. What brave, heroic men the DEA is filled with. Will they step on some newborn puppies as an encore?

    1. Yes, while wearing these boots:
      http://thesocietypages.org/soc…..10eye1.jpg

  7. They could have been midget gangsters for all those DEA guys know.

    1. or shape shifting succubi

  8. Apparently the Avinas didn’t have a dog to shoot, so how else were the DEA scumbags supposed to get their authoritah boners? The Avinas should just be thankful that they let them live.

  9. A rare triumph for common decency.

    1. Not really, the abuse of the parents was approved of by the court. No one should be handcuffed by an agent of the state until that person has shown to be violent.

      1. But, but, but…these agents have families they want to go home to at the end of their shift.
        -and-
        Officer safety is the most important thing. Make sure to go home after every shift.

        /PoliceOne commentariat

        1. I liked the response of the guard commander in Acts 22:29 better. Or Cicero : “It is a heinous sin to bind a Roman citizen; it is wickedness to beat him; it is next to parricide to kill him, and what Shall I say to crucify him?”

        2. The DEA has chosen their tactics. Go after their families.

      2. Not really, the abuse of the parents was approved of by the court.

        That’s the part that bothers me.

        Apparently, cops have a license to kick down doors and assault people, as long as they have a warrant on them to do . . . something, somewhere.

        So, you have no recourse, at all, if cops bust down your door, break your shit, assault you, etc.

        Free country, my ass.

        1. Due process was done!

        2. You do in Indiana. I wonder if they’ve had any wrong-door raids since that got passed.

  10. The DEA is an irredeemably evil organization.

  11. “Your post has been marked as spam by a third-party spam filter….”

    FOADIAF, squirrels.

    1. PWNED!

  12. I don’t get it, does the fact that the DEA didn’t even have the right house not register with these glorified fucking lawyers?

  13. “excessive” and “unreasonable”? How about outragious and criminal. How about hanging those those POS MF’s by the balls for a day. What a bunch of pussy, scumbag, aholes. The DEA and the ATF have been know to be complety out of line going back to the Clinton administration at least. They should be shut down. I would do it day 1 as prez.

    1. I have a fucking foul mouth but sure as fuck wouldn’t swear like that at an eleven-year-old girl. Fucking pig probably had a semi-boner.

      1. They claim (and the court says there is “some evidence”) that they didn’t know how young she was. I don’t think that claim passes the laugh test, but …

        1. Yes it would have been so much better if it had been a 14 year-old girl. Why even bother with that excuse?

          1. Fuck You, Citizen. That’s how the State talks.

    2. Since H. W. Bush, I think. Ruby Ridge was in 1992.

      1. It was. But it was the Clinton Administration that covered it up and gave the people involved promotion. Federal LEO corruption and oppression is truly bipartisan.

        1. That’s just because they know who’s boss.

  14. ***lights dunphy signal***

    http://blog.alaksir.com/wp-con…..signal.jpg

    1. No way in hell Dunphy defends this.

      He’s critical of police abuse fairly often.

    2. That’s not the Dunphy signal. That’s the “Hot Now” sign at Krispy Kreme.

      Nevermind, it’s probably both.

  15. “Furthermore, the Obama Administration could have declined to defend the DEA in this case. Instead, Obama’s Justice Department has decided to make the case that federal agents should be allowed to hold guns to the heads of children. “

    Please remember this the next time someone tells you that BHO is “better on drugs and civil liberties.”

    I will not be surprised if Holder and his gang decide to appeal this ruling.

    1. Obama works for the corporations that financed him. Does anyone who voted for him believe that he is governing like “the most liberal member of the senate”?

  16. How very brown shirt of them.
    Why are they not being held accountable? Their failure to fact do a simple check, (Isn’t that their jobs) put this INNOCENT family in harms way.

    1. They were held accountable: their leader, Michele Leonhart, was promoted by Obama. Obama is very popular in the U.S.A. Americans hate freedom.

  17. It doesn’t work anymore. I don’t think he has internet hold out in that house this morning.

  18. holding that officer’s act of pointing a gun at an infant during the search of a gang member’s house was objectively unreasonable

    I hope that was a unanimous decision…

    Although there is evidence that the agents released the girls from their handcuffs once they realized how young they were

    WTF? They handcuffed an 11 year old girl without being able to tell how young she was? I would think you’d be more observant when you’re in fear for your life as these officers claim to be when doing a raid.

    1. It was dark, they’re blood was up, their heads were on a swivel for dangers… Do you have any idea how many dea agents have been killed serving these types of warrants?

      1. Wrong-door warrants?

        I’m guessing none.

        1. Wasn’t the Cory Maye case a wrong-door warrant?

          1. I believe the dead cop on that one wasn’t DEA.

            1. True, sheriff’s deputy. But close.

      2. So the person is so dangerous that you have to cuff them but you don’t even look closely enough at them to determine whether they’re a child?

        (I know you’re being sarcastic but I’m foaming at the mouth over this)

      3. Obviously not enough if they’re still up to these tactics.

      4. Not enough, apparently.

      5. Paul, I know how many DEA agents have been killed serving these type of warrants: not enough.

  19. Just think, they got to get their rocks off playing BDSM with a couple of frightened teenage girls. And you suckers as taxpayers get to pay for the consequences. It is good to be an LEO and even better if you are a pervert.

    1. Yeah, I wonder how many hours of fapping material that raid provided for those agents. Enough until their next raid, undoubtedly.

  20. Don’t get too happy.

    This just gets it sent back to the court that dismissed it the first time, so that judge can come up with a better pretext for telling the proles to piss off.

    1. Yeah. It just means they can go to a jury. But the jury is free to think “they were poor and got what was coming to them”.

      1. You recognize American culture well, John.

      2. The jury is also free to conclude that the whole story, or at least the juicier parts, is a load of crap.

        1. Are you actually a DEA apologist, or do you just play one on the Internet?

          There were depositions you know.

  21. It ain’t a Rodney King-style beating, but this is a pretty egregious example of our out of control LE apparatus. It’s a shame this didn’t happen in Indiana to a well-armed and trained family. Maybe then these fucks would start to make sure they have the right house before bashing in doors and terrifying pre-teen children.

    Monsters.

    1. I can see a few DAs in places like Texas and Utah skullfucking the guilty LEOs and readily siding with the victims in such a case, but that’s about it. You don’t get a lot of positive activists for prosecutors or judges nowadays.

      1. I can see a few DAs in places like Texas and Utah skullfucking the guilty LEOs and readily siding with the victims in such a case, but that’s about it. You don’t get a lot of positive activists for prosecutors or judges nowadays.
        That you think that would happen anywhere is so cute.

      2. You don’t get a lot of positive activists nowadays. We live in Nazi days. Authorities who abuse their authority are excused. The favorite excuse is that they were rogue. This is a strategy for evading resitance to a government gone bad.

    2. Unfortunately, Sloopy, all that would result in is a dead family, and maybe a couple of wounded DEA “heroes”. After all, Officer safety is always more important than public safety or civil rights.

  22. After two hours, the agents realized they had the wrong house?the product of a sloppy license plate transcription?and left.

    I don’t think this is acceptable behavior even if they were in the right house.

    1. How did it take them two hours to figure out they were in the wrong house?

      1. It reads to me like the warrant was on the house they did in fact invade, but the facts used to obtain the warrant were wrong. I’m surprised they figured it out that fast.

        1. So you kick the door down and you find a seemingly innocent women and her two daughters, no sign of a drug lord or anything out of the ordinary. That ought to be your first clue that the house is not what you thought it was. Twenty minutes sure. A half hour maybe. But two fucking hours?

          1. Don’t be ridiculous. There could be, like, an ounce of marijuana in a drawer somewhere. It’s all for the children (minus the victimized kids we’re threatening with SWAT gear).

          2. Yeah, but you don’t “think” like shitbag DEA agent. The Avina’s were lying about who they are or the real target was living there by their consent and just not home right then or the real drug lord only looks 11. They can’t be wrong, after all.

            We need to change the 4th. Oath or Affirmation is not enough protection from the police state. They should have to prevent some sort of evidence to a panel of people, not just swear an oath with no consequences for lying or mistakes to a cherry-picked hanging judge.

            1. *present* and what RPA said.

            2. We need to abolish sovereign immunity. Until they are held personally responsible for their fuck ups, nothing will ever change. We hold every other profession personally responsible for their fuck ups, why not LEOs? Make them carry liability insurance like doctors. That way the bad ones get run out of the profession because they are uninsurable.

              1. We don’t need more laws. We need a bloodbath of revenge.

            3. I’d settle for the affiant losing a finger every time this happens.

          3. Once they go into the house, the objectives change. They must now come up with justification for their raid, no matter how small or insignificant. Whether or not it was the wrong house is not important. It becomes CYA.

          4. If these shit bags aren’t guilty why are they face down on the floor wearing hand cuffs?

          5. What do you think a “drug lord” looks like? How exactly do you expect them to have known that these weren’t the dealers they were looking for? And how long should it take to find a dealer’s stash in a mobile home of several rooms? Could you guarantee to find it in twenty minutes?

      2. By means of gargantuan incompetence, making them equally worthy of censure and summary dismissal from public employment.

        Remember the days when cops didn’t dress like Spec Ops personnel on every outing, carried revolvers, and were rightly given shit for fucking up?

        1. Remember the days when cops

          didn’t dress like Spec Ops personnel on every outing,

          Yes.

          carried revolvers,

          Yes

          and were rightly given shit for fucking up?

          No

          1. I’m talking way back, Sloopy, when color TV was a mere dream.

            1. Sloopy is right.

              The cops were never ‘Andy Griffiths’, they always have been thugs. Read up on the history of lynching if you have any doubt.

              1. When NWA wrote “Fuck Tha Police”, it was after they watched an episode of “Mayberry, RFD” that prominently featured Barney Fife. That motherfucker was DIRTY, and all the brothers know it.

                True story.

                /not true story

      3. They handcuffed a teeny bopper girl without realizing she was a child. Obviously not the most observant people in the world.

        The girls are just lucky the agents didn’t mistake them for pit bulls.

        1. OK, that last remark actually gave me chills.

    2. So in a libertarian system of competing private courts and enforcement agencies, an armed group enforcing a court order on the wrong house would presumably be subject to rather substantial penalties, not to mention the negative publicity for that agency….

      1. Interesting point CE, and of course the competing agencies might have different policies of compensation or punishment, justice, and perhaps even assert officer immunity as a means of protecting discretion in difficult circumstances for the ‘critically important police function’, just as state’s now do.

      2. We don’t need a libertarian system any more than the Jews of Nazi Germany needed the Red Cross.

      3. What do you mean by “the wrong house”? This was the house that was on the warrant.

  23. To conclude, LEO is allowed to assume, against all common sense, that any person or object represents a potential immediate risk to their lives. Non-LEO is never allowed to assume this even when every ounce of common sense says they should.

    1. In the name of officer safety, everything is considered to be a threat.

      Remember that what you are doing would be a criminal act if committed by anyone else, and the victim will be justifiably outraged.
      They may act on this outrage, and you have to be ready to kill them.

      Besides, terrorizing people is fun! I mean, did you see the look on her face when she peed her pants? This job is awesome!

      1. I understand not risking your life for a hopeless cause …

        but after seeing photos of the rescue squad that stood by a few feet away while a man drowned in two feet of water because they weren’t allowed to go into water without knowing its depth, I’d say there should be limits to that method of operation.

        Same with police. It’s a risky job. If we want to reduce their risks, stop sending them in to cause trouble rather to resolve it. All the same, the primary job of police is to protect the public, not to protect themselves – and it certainly isn’t to endanger the public.

        I’ve known some decent cops, by the way. Not perfect, but trying to do right. It would help them out a lot if we stopped criminalizing harmless acts which builds distrust between the people and the police.

        1. the primary job of police is to protect the public, not to protect themselves

          Wrong. The primary job of police is officer safety. Safety of the public (this mythical public is everyone except whomever they are dealing with at any particular time) is secondary.
          Safety of the punching bag they are interacting with doesn’t much matter.

          I’ve known some decent cops, by the way.
          I haven’t. Not a one. I thought I did at one point until he let it slip that pushing people around was his favorite part of the job. I kinda lost respect at that point.

          1. I knew one. He was harassed, fired, and blacklisted after he reported another officer for civil rights violations.

          2. Of the cops that I personally grew up with, most became worse than what they were before. Enery single one of them evaded fighting against an armed enemy in Vietnam.

            1. All the cops I know that I grew up with were on the football team. They were douchebags then, they are armed douchebags now.

    2. I can easily think of a few people I know whose immediate reaction to a breach by cops would be to open fire, one of whom would do so with an automatic rifle, since he’s an FFL.

      Knock, announce yourself properly, and await a response. Don’t knock the fucking door down and expect a warm welcome, you cunts.

      1. Exactly. No one wants to turn a drug offense, no matter how bad, into a capital offense of killing an LEO. Their biggest shield is their badge and announcing themselves. They only kick the door down because they love running around like roided out baboons terrorizing people. Every last one of them needs their ass kicked on a daily basis for about a year.

        1. A friend of mine once answered the door for the cops with his AR, and a civilized, calm conversation ensued for about three minutes. Does that even happen anymore, or do you have to travel to Bumfuck, Alabama to find non-Rambo law enforcement nowadays?

          1. It sure as hell doesn’t happen in cities.

          2. By “with” do you mean slung over his shoulder or in his hands?

            1. He was showing me the mods, and got up to answer the door holding the rifle by the handle.

              1. “showing me the mods”

                Is that what you kids are calling it these days?

                1. Yeah. Also, “coitus” has become “fucking her brains out”. Us young-uns, eh?

                  1. Horny squirrels.

                2. Yeah. Also, “coitus” has become “fucking her brains out”. Us young-uns, eh?

                  1. “I attend a small, midwestern college. One day, while I was in the library stacks studying for my Bio-Chem finals, a hot young co-ed – I’ll call her ‘Angela’ – approached me. She was wearing a revealing blouse and short skirt.

                    I had always admired her, and would think of her while fucking my girlfriend. And here she was, all alone, with a look in her eyes that said she wanted to ‘show me the mods on her AR’….”

                    /Forum

                    1. ….with a look in her eyes that said she wanted to ‘show me the mods on her AR’….”

                      Angelic rectum?

    3. From the appeals court decision:

      In reaching this conclusion, the district court relied extensively on the Supreme Court’s decision in Muehler v. Mena, 544 U.S. 93 (2005).

      […]

      Under Mena, the agents’ use of force against Thomas and Rosalie was reasonable. The agents were executing a search warrant at the residence of a suspected drug trafficker. Because this scenario presented an “inherently dangerous” sit- uation for the agents, the use of handcuffs on the adult mem- bers of the Avina family was reasonable as it “minimize[d] the risk of harm to both officers and occupants.” Id. at 100.

      1. You have the wrong address Oaficer.

  24. Nothing to celebrate at all – no one convicted, no one prosecuted, no one fired. The police/court old boy network continues. No consequences WHATSOEVER for incompetence and outrageous behavior…

    1. No Rodney King style insurections either.

    2. Nothing has been established yet, either.

  25. yelling at those litle girls must have made those DEA agents feel like real men, huh?

    1. I wonder how many of them have daughters and what they would have done in this situation.

  26. Nice that will hoepfulyl teach these stupid cops a lesson!~

    http://www.Anon-Anon.tk

  27. I see shaved heads and Oakley sunglasses… My favorite elements on any LEO.

    1. Hey, I shave my head, but prefer Maui Jim’s.

  28. Plus, don’t they have special smaller handcuffs for children? So either the agents used adult handcuffs which the “suspect” could easily get out of or they knew damn well she was a child.

    1. Who uses handcuffs anymore? Zap straps are pretty common nowadays.

    2. You assume that they were being honest when they said they didn’t realize that these were children.

      Maybe they didn’t give a shit, and knowing that they can do whatever they want without consequence, decided to torture some kids.

      As far as cuffs go, they probably used zip ties.

      1. Actually I don’t assume that; I’m just floored by the fact that the court apparently believes that story to some extent.

    3. I think they should just take the testimony at face value and decide that people who can’t differentiate 11 year old girls from adults should not get to carry guns.

  29. The title of this article is misleading. The 9th Circuit didn’t make a finding (it couldn’t) that the actions of the DEA and/or agents were objectionable, only that a jury could find them objectionable (under the law, and thus actionable). No finding of fact has been done in the case and it will now be remanded back to a jury to determine if the DEA’s actions were ok or not. A more appropriate title would have been “Ninth Circuit to DEA: Putting a gun to an 11 yr. old’s head might not be ok.”

    1. dunphy? is that u bro?

      1. EJBlitz isn’t defending the DEA agents’ actions; he’s correctly pointing out that all the Ninth Circuit did here was re-instate the case against the agents. The family still might later lose their case against the agents on a variety of other grounds.

        1. dunphy? zat u bro?

          1. dunfy? at u bo?

    2. Remanded back to a jury that was seleted from cop families and teachers. Ugh!

  30. Justice Department has decided to make the case that federal agents should be allowed to hold guns to the heads of children

    But it’s FOR teh childrenz, so…it’s OK.

  31. Here’s a good one out of Baltimore.

    Sorry, but if you’re eating lunch I suggest you skip this story altogether.

    1. BAAAAAAAAAAALKOOOOOOOOOOOO!

      sloooooooooooooooooooopy!!11!two!

    2. The killing of Christopher Brown of the 3900 block of Carthage Road has been ruled by the state medical examiner as a homicide by asphyxiation. No charges have been filed against the officer… after an investigation county prosecutors will determine whether the killing was justified…put on administrative leave pending an investigation….

      And nothing else happened.

    3. No charges have been filed against the officer, James D. LaBoard, though the investigation continues.

      ————————-

      Blood pressure spiked. Time to find something to smash.

    4. How about the cop who offed himself?

      Montgomery county police confirm Jed Bylsma was an officer in the department since 2003. He had most recently been assigned to patrol in the 3rd district (Silver Spring). Police told 9News Now that Bylsma had been on administrative leave, on a no-duty status for about one year.

      Bylsma drove off from the stop and continued eastbound on Rt. 50 at a high rate of speed with the trooper in pursuit. The responding trooper deployed stop sticks on Rt. 50 at Airport Rd. Bylsma’s vehicle struck the stop sticks and several tires were deflated. The vehicle rolled to a stop on the eastbound shoulder of Rt. 50.
      The two troopers on the scene behind the vehicle gave repeated orders for the driver to exit his vehicle. When he did not, the troopers approached the car. They found Bylsma unresponsive and saw what appeared to be a gunshot wound to his head. Troopers saw a handgun near Bylsma’s hand in the center console of the car. EMS personnel were summoned to the scene and emergency care was provided, but Bylsma was deceased.

      1. AND NOTHING ELSE HAPPENED

    5. Baltimore. What a fucking shithole, in so many ways.

    6. From the comments:

      I’m sorry if someone threw a rock at my door hard enough to break it, the first thing I would think wouuld be home invasion, the second thing would be to get my gun.

      ———————————–

      Okay, here we go again. Someone dies due to their own foolish actions and we have to hear from Momma and annoying Minister and so forth and how great and swell and innocent they were. When will the candle light vigil be held?? Make’s me just want to Puke…you idiots. Little savages running wild all over MD.

      ————————————-

      A jury of homeowners would never convict this cop; these “kids” violated the sancitity and safety of the home. The BALTCO States Attorney will press charges at his own political risk. Any criminal case relative to this incident is done before it starts; i.e., you only need one juror to disagree with the charges vs the evidence. If you were the homeowner…………….

      BTW, look at the picture of this young man. He’s not a twig, more like an oak tree.

      Also, does Maryland have felony manslaughter consequesces for the other participants [the other kids] in this incident?

      1. Those rednecks in the south…lynching and murdering black kids for kicks. This kind of stuff never happens in the liberal cities of the northeast and California.
        [checks map]
        The kid must have had it coming.

        /modern progressive

      2. Oh right, if I were the homeowner in question I’d have chased the kid several blocks on foot, dragged him out of some bushes where he was hiding, then choked him to death. I mean, who wouldn’t?

    7. Al Sharpton’s gonna lead a march against this vigilante, right?

      1. Depends. What color is he?

    8. “Police called to the scene said they found the officer administering CPR to the teen, who was on the ground, unconscious.”

      Knowing his buds are on their way to “investigate,” the murderer pretends to make an effort to help the kid he killed.

      In what way is this one NOT straight-up murder? Why on Earth is this dude not in jail at this very minute? If this same fact pattern had happened to my son, I’d shoot my way into this pig’s house and empty about 5 clips into his head.

      1. But, the kid was present when a rock was thrown. That means it’s a home invasion! And when an LEO is involved, we have to think of their safety! It’s part of the WAR ON COPS!!!

        1. And then there’s this:

          Her son, a rising junior, had torn his anterior cruciate ligament during his most recent wrestling season and had been wearing a leg brace for the past two months. Christopher shouldn’t have been running, his mother said.

          Garrun-damn-tee he wasn’t even the one who threw the rock. He knew he couldn’t run. Same shit happened to me once when I was a kid. I had a hurt back, and some dipshit decided to start ringing bells at midnight. The owner of one of the bells apparently decided to go hunting. 15 minutes later there’s this car trying to run us down. He actually tried to kill us with his car. The non-injured kids bail over fences, and I had to actually jump into the bushes to avoid getting run down. Like it was some shitty 90’s comedy. Now, I don’t know if you’ve ever had to jump into bushes before, but that shit hurts. A lot.

        2. So what we can infer is that this kid was the slowest of the kids. It’s why one must make sure when group pranking the neighborhood that someone in the group is slower than oneself. In the ancient times when I was a teenager, this was an important safety tip for avoiding rock salt in the butt, but nowadays it’s a matter of life and death.

  32. What’s worse? Cuffing and cussing at an 11 year old at the wrong house or tazing an 80-year old with dementia in the back?

    I’ll let you all decide.

    1. At least they used the Taser. I mean, a naked 80yr old with a cane?
      She could be hopped up on bath salts!
      A danger to the officers and everyone around!
      Aim for center of mass!

      1. Wait a minute, I think you’re on to something.

        80-year olds probably use Epsom Salts. Epsom salts are teh real Bath Saltz. Kill all octogenarians now, for the children!*

        *For Social Security and Medicare if not for the cane-waving insanity.

        1. Are they going to wait for the face eating mayham that is sure to ensue?

          1. She was naked. Face-eater was naked.

            Definitely a correlation here.

  33. What is a B.S.A. and a B.F.A.?

    1. Probably something like a “Bitch Sassing with Authority” and “Bitch Fucking with Authority” according to these assholes.

    2. The daughters’ initials. Initials are used to identify minor victims in court documents.

  34. Seeley, CA is part of the San Diego DEA division, famous for locking up college kids for days on end. But these are all just isolated incidents, not indicative of procedural flaws or organizational incompetence.

  35. This… is happening with Democrats in charge.

    For shame, Democrats.

    1. Do you really believe the is a difference any more?
      http://www.whatreallyhappened.com

  36. Here’s the oral argument before judges Pregerson, Graber and Berzon of the 9th circuit, on May 9th of this year.

    http://www.ca9.uscourts.gov/me…..0000009131

  37. “If these shit bags aren’t guilty why are they face down on the floor wearing hand cuffs?”

  38. I wonder if they make you strangle a live kitten in order to be a DEA agent. Somehow they have to make sure you a cruel fuck.

  39. One wonders how often the agents of the State are given drug tests.

  40. “A jury could find that the agents pointed their guns at the head of an eleven-year-old girl, ‘like they were going to shoot [her],’ while she lay on the floor in handcuffs, and that it was excessive for them to do so?”

    But isn’t it a shame that we now live in a country where pointing guns at the heads of two innocent ADULTS because the government just plain fucked up is no longer considered just as excessive?

  41. US Police trained by Israeli’s.
    We are all Palestinians now.

  42. Disgusting.

  43. I want to hear the rest of this story. Please tell us when the officer responsible goes to prison, or is at least banned for life from having a police badge or gun anywhere in the US.

    If none of these things happen, the system must be reformed. Immediately.

  44. this is what happens with “NO-KNOCK”SEARCH WARRANTS!! you can’t expect our police to actually think on their own !We all think that this was for the BAD guys but IN the justice system we are all BAD GUYS “think about it” this is not the frst time this has happened !Wrong people have actually been shot in this same situation !

  45. It looks like somebody needs to revisit kindergarten and it is NOT the children.

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