Tort Law
Girl, 12, Mistaken for Prostitute, Sues Over Alleged Police Beating
Posted Dec 23, 2008 4:26 PM CST
By Martha Neil
Responding to a report that three white prostitutes were soliciting, plainclothes police officers in Galveston, Texas, wound up arresting a 12-year outside her home one August day in 2006, according to a federal lawsuit filed there against the three officers.
Not recognizing them as police, the girl, who says the officers didn't identify themselves, fought the arrest and was allegedly beaten, reports the Houston Chronicle. "Two hours later, Dymond Milburn was examined at the University of Texas Medical Branch emergency room and doctors found she had a sprained wrist, two black eyes, a bloody nose and blood in an ear, according to the lawsuit."
Arrested weeks later, at the middle school where she was an honors student, the girl was tried in 2007 on a charge of resisting arrest. A mistrial reportedly resulted, for unexplained reasons.
Her family contends that she still has nightmares over the experience.
"The officers have filed documents saying their conduct was reasonable in light of the facts they had at the time," the newspaper writes.
A copy of the complaint (PDF) is provided by That Lawyer Dude, which posted over the weekend on the case.
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Comments
B. McLeod
Dec 23, 2008 7:11 PM CST
I do have to wonder about their levels of training and fitness if they were unable to subdue a 12-year-old girl without inflicting such a degree of damage. Possibly they should find another calling, such as bouncers in a “gentlemen’s club,” or thugs for the mob.
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Tony"that Lawyer Dude" Colleluori
Dec 23, 2008 11:30 PM CST
Thank you for the link. I want to make clear that even if the initial encounter was legal (although I can not see that it was) I do not understand the need of the Police to go to the child’s school and arrest her there in front of her teachers and fellow classmates.
The whole thing is outrageous. I don’t think it should be lost on anyone that the Houston News also said that the arrest came after the police decided that the child’s shorts were too short and tight so she “must be a prosititute”.
I also wonder why more feminists are not speaking out on this case as it seemed this child was singled out not for what she was doing but for who she was and what she was wearing.
Once again thanks for the link.
TLD
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NativeNewYorker
Dec 24, 2008 10:39 AM CST
Ms. Milburn was an honor student at the time of the incident, in front of her parents home when four unidentified men (who were in fact police who never identified themselves) jumped out of an unmarked van and attempted to “arrest” her. She fought back and called her father who came to her aid. The genius policemen were investigating the report of three white prostitutes and a drug dealer two blocks away from the Milburn home when they attempted to arrest the 12-year old African-American girl because “she was dressed in tight shorts”.
The officers involved were: Sergeant Gilbert Gomez, Officers David Roark, Justin Popovich and Sean Stewart. I can not help by think if she was a little 12 year old blond, blue-eyed girl if this would have happened. And if it could have, well it would have been a nationwide news event with Nancy Grace, Fox and CNN reporting around the clock.
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Marchio1948
Dec 26, 2008 10:47 PM CST
Ohhh,where is Nancy Grace when you need her?????????
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Allen Sheketovits
Dec 28, 2008 7:09 AM CST
Comment removed by moderator.
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Winston EH
Dec 31, 2008 4:34 AM CST
How come I am not surprised at this? Police have the same problems with 6 and 7 year old criminals who they invariably have to arest, following “resistance” and having to “subdue” these terrors to society. Also, because of their great training it usually only takes 3-6 officers to subdue one of these (little??) terrorists.
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