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: 107

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 video

Dare to Dream/Dare to Build

As we enter the month of Av we intensify our traditional mourning for the Holy Temple, but are we really in touch with what we are mourning for? Are we ready...
4 hours ago
Gordon Freeman is now a member of 12160 Social Network
yesterday
Burbia posted a photo
yesterday
Doc Vega commented on Doc Vega's blog post How Many Clues Did You Need To Figure out the Covid scare was Bogus? Revisiting Stupidity
"The Chinese sent more than 100 thousand visitors to the US after the failure of the Wuhan lab to…"
Monday
Sandy posted photos
Monday
Doc Vega commented on Doc Vega's blog post This is What Pisses Me Off-How About You?
"Burbia! Thank you for the video, yes Texas aint puttin up with this shit! "
Sunday
Burbia commented on Doc Vega's blog post This is What Pisses Me Off-How About You?
"This is encouraging."
Saturday
Burbia commented on Doc Vega's blog post How Many Clues Did You Need To Figure out the Covid scare was Bogus? Revisiting Stupidity
"There was no trail of death from the first case in the US landing in Seattle and brought north of…"
Saturday
Doc Vega posted blog posts
Saturday
Sandy posted photos
Saturday
Sandy posted videos
Friday
Sandy commented on Sandy's photo
Thumbnail

Screenshot_20260327-101250~2

"One data center uses 45 megawatts per day. How is this sustainable?"
Friday
tjdavis posted a video

[OFFICIAL TRAILER] The Grand Deception

Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube.
Mar 27
Doc Vega posted a blog post
Mar 26
Роман posted a blog post

Архітектурне планування двоповерхового будинку: ключові рішення для комфортного простору

Проєктування двоповерхового будинку — це складний, але захоплюючий процес, що поєднує…See More
Mar 26
Sandy posted videos
Mar 25
Doc Vega's 5 blog posts were featured
Mar 25
tjdavis's blog post was featured
Mar 25
cheeki kea's blog post was featured
Mar 25
Less Prone favorited Sandy's photo
Mar 25

© 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