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: 104

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

Doc Vega posted a blog post

How the Most Underrated Fighter Planes of WWII Became killers of the Sky

 The year is 1942 and the US is in dire straits against the Imperial Japanese military. June 7th…See More
16 hours ago
Ray99kibz left a comment for Less Prone
"Thanks I am glad to be here."
yesterday
alux junes posted a status
"??"
yesterday
Elementisfire left a comment for Less Prone
"Sorry for the long wait"
yesterday
Elementisfire and Less Prone are now friends
yesterday
tjdavis posted photos
Sunday
tjdavis posted a video

Stink full movie

documentary on dangerous chemical ingredients found in everyday products
Sunday
Douglas Gordon is now a member of 12160 Social Network
Saturday
tjdavis posted a video

Revolution (1968) scenes featuring Today Louise Malone

Some clips from Jack O'Connell's Revolution (1968), featuring the one and only Today Louise Malone.
Friday
cheeki kea replied to cheeki kea's discussion Tartaria
"This screenshot is from a book found by a blogger in his research and gives an eye witnessed…"
Thursday
cheeki kea commented on Doc Vega's blog post To Each and every One of you here Happy Thanksgiving
Thursday
Doc Vega posted blog posts
Wednesday
Doc Vega commented on tjdavis's video
Thumbnail

The Hunt - Official Trailer [HD]

"A former ANTIFA member was interviewed here recently and this would not be far from actual reality…"
Nov 24
Doc Vega posted blog posts
Nov 24
tjdavis posted videos
Nov 24
tjdavis posted a blog post
Nov 24
tjdavis posted a photo
Nov 24
Doc Vega posted a blog post

Legacy of Supposedly Inferior Aircraft Outmatching Their Enemies

 We think of the Korean War aerial combat as the classic dogfights between the American F-86 Sabre…See More
Nov 22
Doc Vega commented on tjdavis's blog post Cities,States Without Limits
"This is just another form of a feudal globalism dictated by corporate technocrats bragging about…"
Nov 22
Doc Vega favorited tjdavis's blog post Cities,States Without Limits
Nov 22

© 2025   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