Almost a year ago, on March 26, 2011, Marcia Moses went out for a few drinks to celebrate a friend's birthday. Outside a Main Street bar, Moses "exchanged words" with a 21-year-old woman, as the Orange County Register reported. This turned into a pushing match between the 21-year-old and Moses, a mother of three who was out to have a nice night, but not to get inebriated, according to a friend.
According to police, they allegedly were flagged down to break up the fight between the two women, but before they arrived, a 28-year-old friend of Moses' intervened in the fight and threw a punch at the 21-year-old. When police tried to arrest the man, Moses allegedly tried to stop it.
And here's where Moses' lawsuit comes into play. At this point, an officer pushed Moses with an open palm, and she fell, stumbling in her high heels-according to police. Her lawyer, Brian Ellis, explains that when Moses got up, she was then pushed down again by a police officer which "knocked her out cold".
Moses' lawsuit details that she suffered a broken wrist, a concussion, post traumatic stress syndrome, nightmares, humiliation and anxiety, among other injuries. Ellis also describes in the claim how Moses woke up in an ambulance with a concussion, and without a clear recollection from the night.
Included in the lawsuit is a suit against Kenneth Small, Huntington Beach's police Chief, as Moses maintains that he was responsible for her injuries not just because he did not properly train his officers, but also because he did not reprimand them to a satisfactory extent after the alleged abuse.
Huntington Police Captain Russell Reinhart said that they thoroughly investigated the incident in July, and found that no excessive force was used. He also said, according to the O.C. Register, that "the officer had the right to use some force because Moses was coming at the officer to interrupt the arrest."
"The right to use some force"? We don't have any idea of Marcia Moses, if she was tall, short, strong or petite, but it seems that the police officer wouldn't need to knock a woman over to stop her. Perhaps there are other tactics taught by the police academy, like restraining a person's arms, instead of knocking them to the ground?
The lawsuit was filed on January 27, 2012, asking for an unknown amount of money.
What do you think of this case? Is it a clear case of excessive force by police? Or do you think the officers did what they needed to do to deal with the situation? What would you do in Moses' situation? Would you sue the city, or the 21-year-old who was involved in the fight?
At the Law Offices of Glew & Kim, we see all clients as innocent until proven guilty, and believe in equal justice for all. If you or someone you know has been involved in a crime and needs honest, unbiased defense, please call us immediately on 866-416-2161 or use our online form for a free case analysis.
*This is not an attorney-client communication, and as such no advice is being offered in this article. Any and all communications related to the Glew & Kim website and the MarijuanaLawyer.com website should be deemed and considered advertisement. This article is purely opinion, and the basis of this and any opinion was formed subject to the reporting by the actual news agencies, the information from with was used as source material.
This is not an attorney-client communication, and as such no advice is being offered in this article. Any and all communications related to the Glew & Kim Law website and MarijuanaLawyer.com website should be deemed and considered advertisement. This article is purely opinion, and the basis of this and any opinion was formed subject to the reporting by the actual news agencies, the information from which was used as source material.
- See more at: http://glewkimlaw.com/blog/2012/02/16/huntington-beach-sued-by-woman-after-bar-fight/#sthash.VlSCiZQU.dpuf