Questions Remain in Kelly Thomas Beating Case

As has been reported by a number of media outlets, the beating of Kelly Thomas by officers with the Fullerton Police Department has garnered national attention because of allegations of excessive force.  Five days after the altercation with police officers, Thomas, a 37 year-old homeless man with a history of mental illness, reportedly died from injuries he sustained at the hands of as many as six Fullerton Police officers.  Currently, multiple investigations are under way and witnesses to the incident on July 5th are being sought.
See the Los Angeles Times article HERE.

Since the videotape of the incident emerged, serious questions have been raised concerning the use of force by Fullerton officers to subdue Thomas, who was apparently unarmed.  Court records indicate Thomas was 5'10" tall and possibly weighed less than 150 pounds at the time of the incident.  In the videotape, witnesses to the beating appear disgusted with the repeated use of a taser to subdue Thomas and the overall use of force on a man who was already on the ground.  Unfortunately, the quality of the video is fairly poor, and the incident appears to have been captured only after a considerable amount of interaction between the police and Thomas had taken place.  However, it remains to be seen what other videos (perhaps one from a dash mounted camera) will surface.  In addition to the video already released, a horrific picture of Thomas' face taken after the incident is circulating, and it would seem the Fullerton Police Department may have a hard time explaining the extent of the injuries sustained.

Under the law, a police officer may only use a reasonable amount of non-deadly force to effect the arrest of someone suspected of a nonviolent crime.  The determination of reasonableness of the officer's actions must be considered in light of “the totality of the circumstances at the time,” including “the severity of the crime at issue, whether the [person arrested] posed a reasonable threat to the safety of the officer or others, and whether the [arrestee] was actively resisting detention or attempting to escape."  In addition to this, and in the context of a civil rights claim, the initial step in the analysis here must include whether the Fullerton Police officers had "reasonable suspicion" to believe criminal activity was afoot and that Thomas was involved in that activity.  If the initial contact and detention by the police was unlawful, then Thomas may have been deprived of his civil rights in this regard and what followed may have been illegal as well.

Compensation for the victims of police misconduct should be an important concern for all Californians. When an innocent patron is unlawfully detained and/or beaten by the police, without adequate cause, the public entity should be held accountable and compensation paid to the victim or the victim's family. An Orange County false arrest attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type. He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you been a victim of an unlawful arrest or use of excessive force at the hands of the police?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.