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

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. 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.”

"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:

http://reason.com/blog/2012/06/18/ninth-circuit-to-dea-putting-a-gu...

Views: 109

Reply to This

Replies to This Discussion

Oh, but it makes them feel like men...

Sickening...

But what do you expect from the DEA?

RSS

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

tjdavis posted a blog post
12 hours ago
tjdavis posted a video

Jerusalem Syndrome - Israel/Palestine

August 2006For some, visiting Jerusalem brings them a little too close to God. Dozens of tourists develop 'Jerusalem Syndrome', believing they have a messian...
yesterday
tjdavis posted photos
yesterday
Doc Vega posted a blog post

So you Don't Think Communist China is Buying Off the Democrat Party?

California Democrats Just Joined Hands With Communists Funded From ShanghaiPosted on …See More
yesterday
cheeki kea commented on Doc Vega's photo
Thumbnail

681373888_994247376374814_9118727954735788138_n

"But Wait Folks... There's even more, even more than more in this ugly situation. A story of…"
yesterday
Doc Vega posted a blog post
Monday
Less Prone left a comment for Aristo Kids
"Welcome aboard"
Sunday
Aristo Kids is now a member of 12160 Social Network
Sunday
Less Prone left a comment for Doc Vega
"Ning is working on theproblem. Their reply: "Hello, Thank you for notifying us.We are…"
Sunday
Sandy posted a video

The Day of the Dolphin (1973) Original Trailer [FHD]

Directed by Mike Nichols. With George C. Scott, Trish Van Devere and Paul Sorvino.The Day of the Dolphin Blu-ray : https://amzn.to/3W9bfbxThe Day of the Dolp...
Sunday
Sandy posted photos
Sunday
Less Prone left a comment for Doc Vega
"I issued a ticked concerning your report. "The rgeular format is not appearing on the…"
Sunday
Doc Vega commented on truth's photo
Thumbnail

Report an Issue

"The rgeular format is not appearing on the page and I can't add contwent unless its limited…"
Saturday
Doc Vega commented on Doc Vega's blog post The Escape
"cheeki kea, you are so right. We live in a world where even art has been lost to the savagery of…"
Saturday
Less Prone favorited Doc Vega's photo
Saturday
Less Prone favorited Doc Vega's photo
Saturday
Less Prone favorited Doc Vega's photo
Saturday
Doc Vega posted photos
Apr 28
Sandy posted a discussion
Apr 28
Doc Vega commented on Burbia's blog post How much money makes anyone have a god complex?
"I seriously doubt Trump has a God complex as he is merely treying to save this country, but people…"
Apr 28

© 2026   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted