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

tjdavis posted a photo
21 hours ago
rlionhearted_3 posted photos
22 hours ago
tjdavis posted a video

Official Trailer NOVA '78 directed by Aaron Brookner and Rodrigo Areias

NOVA '78 is a documentary about New York City's 1978 Nova Convention, the legendary counterculture gathering featuring William S. Burroughs, Patti Smith, Fra...
yesterday
Doc Vega posted blog posts
Saturday
tjdavis favorited Burbia's video
Friday
tjdavis favorited cheeki kea's photo
Friday
tjdavis posted a video

Peter Sellers - The Party (opening scene)

HQ HD "Does that include television sir ?" ... is still the best trolling paradigm in a movie.Support this channel: https://www.patreon.com/MusicPoints#Pet...
Friday
Doc Vega posted blog posts
Thursday
Snakedaddy favorited Parrhesia's video
Thursday
Doc Vega commented on Doc Vega's blog post The Rabbit Hole
"Cheeki kea, I pray that the insanity doesn't deepen and there's been an attack by some 18…"
Wednesday
Burbia's blog post was featured

Disgraced Former CNN Anchor Don Lemon Arrested

No longer an employed journalist, Don Lemon had been seen with far left agitator, Nekima Levy…See More
Wednesday
Doc Vega's blog post was featured
Wednesday
Less Prone favorited Doc Vega's blog post The Rabbit Hole
Wednesday
cheeki kea commented on cheeki kea's photo
Feb 17
cheeki kea posted a photo
Feb 17
cheeki kea commented on Doc Vega's blog post The Rabbit Hole
"Good poem for these times. I think it's only going to get worse though as we enter into the…"
Feb 17
cheeki kea posted a blog post
Feb 16
Doc Vega posted a blog post

Our Crazy Modern World

I'll be your host tonight in our first episode of "Our Crazy Modern World". Join us now!Apparently…See More
Feb 15
Burbia commented on cheeki kea's blog post BREAKING: The Epstein Files Illuminate a 20-Year Architecture Behind Pandemics as a Business Model.
"What a bummer. Can't tell thie 'dead' guy to eat shit now."
Feb 14
Burbia commented on rlionhearted_3's photo
Thumbnail

2DF36465-A826-443C-A3A8-6638BC1D4FFA

"Venezuela under Chavez had cut ties with the IMF and World Bank. He had suggested that the US had…"
Feb 14

© 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