LEGAL HELP! Is it legal for 2 police officers to use CS gas on one person in a confined space?
Even we have proof the person wasn't been violent towards the officers?
The person cs gassed has 40% burns to his body and is permenantly scarred.
What can be done please?
Answers:
CS Gas does not cause burns as far as I am aware and I have been in a chamber filled with the stuff for Army training. However there is a possibility that there has been an allergic reaction which you would have to supply medical evidence. That said if they can prove just cause then you have no case if however you can prove excessive force then you have a case, try the police complaints authority for a starting point
nothing, the police dont use CS gas on someone unless they are considered a threat
I think it should be taken up with a solicitor, you can usually get half hour free with most, also try the CSA for advice they are usually pretty good..
Sounds like you have a case for unnecessary force, however i would be very interested to know what your proof consists of, I'd then be able to give you an assessment of whether it is likely to hold up in such a case.
What kind of device was this? CS does not leave burns. Are you talking about an aresol canister? Or a grenade? What kind of confined space? That is important. Answer me that and I'll tell you about the burns.
Your question does not provide enough detail for me to comment much. No law was broke by the two officers using CS on one suspect. If the suspect was not resisting then that would be a violation.
Flesh out some more of what happened and I'll be more specific.
Yes it is legal.
As for what can be done, you can complain to the police for one. If they have acted in a manner that they shoudl not have, then you will be doing them and us a service by bringing up a case of wrongful action. However, bear in mind that what they did may have been legal and at the time, reasonably justified.
You can also try to sue, but you would need to take legal advice on that.
#1. CS does not burn.
#2.Not being violent is irrelevant. The person only has to be barricaded and refusing to surrender.
#3. Boo Hoo Hoo. Poor old criminal. It's getting hard to break the law these days.
Two police officers and one suspect. As far as I can see they shouldn't need to use CS, particularly if he wasn't offering any violence. Was one, or both officers female? Because that would explain it, as they would be much more likely to resort to weaponry than male officers.
If they can't handle a passive situation like this, then they are not up to the job. See a solicitor.
If you physically resist arrest, yes they can use reasonable "pain compliance" techniques to get you to stop, even if you're not actually attacking the cops but just not letting them handcuff you or take you away. And you don't get scars or physical burns from CS, you must be confusing it with mustard gas or something.
I would need more info about the situation with the officers to give you a legit answer. Best advice is to ask a local attorney who specializes in cases like yours. Most will NOT charge for a first visit.
Here are some great city-specific legal directories to help you find one:
http://www.san-francisco-oakland-bay-are...
http://www.sacramento-ca-lawyers-attorne...
http://www.la-orange-county-lawyers-atto...
http://www.las-vegas-nevada-lawyer-attor...
http://www.san-jose-ca-lawyers-attorneys...
http://www.sacramento-ca-lawyers-attorne...
http://www.dallas-fort-worth-texas-lawye...
http://www.new-jersey-lawyers-directory.
http://www.legal-advice-library.info...
http://www.san-antonio-texas-lawyers-att...
http://www.brokerforyou.com/san-diego-re...
http://www.new-jersey-lawyers-directory.
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