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Thread: Ninth Circuit to DEA: Putting a Gun to an 11-Year-Old's Head Is Not OK

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

    June 18, 2012 http://reason.com/blog/2012/06/18/ni...gun-to-an#fold

    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 ******* 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 ******* 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 ******* 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. That court ruled in favor of the DEA, and the Avinas appealed. Last week, the family got justice.

    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."
    Last edited by zack991; 06-19-2012 at 06:12 PM.
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    The fact that the court ruled in favor of the DEA's actions against the parents is disgusting. They had the wrong house, it was their mistake not the parents. All 4 of these individuals suffered severe trauma, and it was not because of their actions, but because of the agents' actions. It is obvious our government is beyond saving when it is ok and not against someone's constitutional rights to illegally enter and search their home and hold them at gun point while they are being detained. How much more of this insidious behavior are we going to accept??????
    "I never in my life seen a Kentuckian without a gun..."-Andrew Jackson

    "Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined."-Patrick Henry; speaking of protecting the rights of an armed citizenry.

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    Regular Member Jack House's Avatar
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    A lot more, I'm afraid.

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    Regular Member twoskinsonemanns's Avatar
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    The ruling is disgusting. The DEA actions are disgusting and criminal.

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    Campaign Veteran MAC702's Avatar
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    At 14, I had a Ruger Mini-14 at my bedside. I'd be dead now...
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    Campaign Veteran MSG Laigaie's Avatar
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    I, too, would have been dead or severely injured. A group of people in black(faces covered?) with weapons coming in my door would have rec'd deadly force. We have had a rash of home invasions in Washington lately. I would not have gone down alone tho.
    "Firearms stand next in importance to the Constitution itself. They are the people's liberty teeth (and) keystone... the rifle and the pistol are equally indispensable... more than 99% of them by their silence indicate that they are in safe and sane hands. The very atmosphere of firearms everywhere restrains evil interference .When firearms go, all goes, we need them every hour." -- George Washington

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    Regular Member F350's Avatar
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    And people wonder why Indiana passed a law allowing people to shoot LEO in similar situations!

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    Quote Originally Posted by F350 View Post
    And people wonder why Indiana passed a law allowing people to shoot LEO in similar situations!
    No kidding! All the sheeple out there keep drinking the punch and saying "oh, it was justified". Until all we have is a police state. Thats not American or an America I would want to be part of.

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    Regular Member gunns's Avatar
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    Quote Originally Posted by Jack House View Post
    A lot more, I'm afraid.
    Finally something you said I agree on 100%.

    I sleep with my H&K USP, with tritium sites, if they did that to me and I was still sleeping their would be blood on both sides. Almost broke my nephews neck when he touched me at night to wake me up, I instantly grabbed him, placed him in head lock and started to push down on his neck. Only then did I recognize his choked screams.

    Even my wife yells out my name without touching me, my son never has touched me, he too knocks on the door very loudly to wake me up saying, Dad, Dad until I say what. I don't know what it is, but I don't get startled when someone tries to jump out and scare me nor do I jump. But when I am asleep and someone touches me I freak.
    Last edited by gunns; 06-27-2012 at 09:45 AM.

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    Quote Originally Posted by gunns View Post
    Finally something you said I agree on 100%.

    I sleep with my H&K USP, with tritium sites, if they did that to me and I was still sleeping their would be blood on both sides. Almost broke my nephews neck when he touched me at night to wake me up, I instantly grabbed him, placed him in head lock and started to push down on his neck. Only then did I recognize his choked screams.

    Even my wife yells out my name without touching me, my son never has touched me, he too knocks on the door very loudly to wake me up saying, Dad, Dad until I say what. I don't know what it is, but I don't get startled when someone tries to jump out and scare me nor do I jump. But when I am asleep and someone touches me I freak.
    My wife always taps my foot or calls me, I have a similar issues when I am suddenly woken up. No one has been hurt but it has scared my wife a few times.
    Last edited by zack991; 06-27-2012 at 11:58 AM.
    -I come in peace, I didn't bring artillery. But I am pleading with you with tears in my eyes: If you screw with me, I'll kill you all.
    -Be polite, be professional, but have a plan to kill everybody you meet.
    Marine General James Mattis,

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