Radley Balko, senior editor at Reason
, has an update on Dymond Milburn, the 12-year-old girl who was grabbed out of her front yard by three undercover police who accused her of being a prostitute and then beaten so badly she had to go to the hospital to get her head injuries treated.
Balko has learned that the lawsuit is real, not a hoax as some have suggested. Here's a copy (pdf) of the complaint. And here's a record of the filing in federal court.
In the Houston Press the attorney for the officers Milburn is suing gave a statement:
"The father basically attacked police officers as they were trying to take the daughter into custody after she ran off."
"The city has investigated the matter and found that the conduct of the police officers was appropriate under the circumstances. It's unfortunate that sometimes police officers have to use force against people who are using force against them. And the evidence will show that both these folks [meaning 12-year-old Dymond and her father] violated the law and forcefully resisted arrest."
Says Balko: "As far as I can tell, Texas does appear to allow for a citizen to resist an unlawful arrest if the arrest meets certain conditions:"
Texas Penal Code Chapter 9, Subchapter C, Section 9.31, Subsection C:
(c) The use of force to resist an arrest or search is justified: (1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and (2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary.
Even setting aside the severe beating Milburn's lawsuit says she received at the hands of the police (which is presumably backed by records from the hospital she was admitted to later that night), you're left with several plain-clothes police officers jumping out of an unmarked van, calling a 12-year-old girl a prostitute, then attempting to snatch her from her own front yard. I would think that those actions alone would satisfy the "greater force than necessary" portion of the statute.
Dymond Milburn Update
White cops from Aiken, SC improperly stopped a car driven by a black woman (they claimed the stop was motivated by temporary tags, but driving with current temporary tags is not grounds for a stop), then improperly questioned her passenger, who voluntarily gave them his ID, then induced a drug dog to “alert” on the […]
Amendment 90 to France’s penal reform bill provides for five year prison sentences and €350,000 fines for companies that refuse to accede to law enforcement demands to decrypt devices.
In 1996, in the midst of the Clinton administration’s attack on the Internet and cryptography, Grateful Dead lyricist and EFF co-founder John Perry Barlow sat down in Davos, Switzerland, where he’d been addressing world leaders on the subject of the Internet and human rights, and wrote one of net-culture’s formative documents: The Declaration of Independence […]
When you’ve had a long day and it’s time to unwind, there’s a lot you can do to relax: drink some tea, take a shower or even read a book. But there’s one thing that’s essential to a comfortable night’s rest—and that’s investing in some really good sheets. Enter Bamboo Bed Sheets. These quality sheets retail for $120, but […]
The Avantree Powerhouse 4 Port Fast USB Charging Station brings high quality, high power, and still keeps your work space or home looking neat and organized. The best part about this charger is its capacity. It comes packing 4 USB charging sockets and a powerful 4.5A/22.5W output.. Its smartport technology means you don’t have to worry about frying your battery, either—it […]
With this comprehensive course in App & Game Development for iOS and Android, you’ll be able to take full advantage of this career opportunity without committing to going back to school full time. You’ll learn how to build immersive, interactive games and apps from start to finish using Python, C#, Unity, and HTML—some of the most in-demand programming […]