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Can they legally pepper spray you in jail for banging on door to ask where you are and not being violent at all. No reason to

Longview, TX |

I was arrested for dwi and not violent during arrest or at any point during processing. I awoke in a closed cell and banged on the door to see where i was and what was going on and they said here is your food to get me to look through the hole and peppered sprayed me and said "this is my house shut up". I had use water in a used filled toilet that was uncleaned and full. Is this legal? It was way overboard and out of control.

Attorney Answers 3


If you feel your rights were abused then contact the Texas Rangers or the FBI.
Austin DWI Lawyer

My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website,

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Obviously you need a criminal defense attorney on the DWI. Discuss this with him. He may be able to refer you to an attorney who handles civil rights violations for a more detailed evaluation. Best of luck.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at for more information about her services and recent victories.

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Another resource is the Texas Civil Rights Project out of Austin, Texas.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

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