Virginia Beach, VA asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for Virginia

Q: How do I complain if I was treated cruelly and unusually in jail?

I am in the weekender program serving 10 weekends (20 days) for a second DUI conviction. I was "misplaced" in the detox room when I was supposed to be in the suicide watch cell, though I am not suicidal, and have no history of mental illness, or poor mental health. I was left in the "detox" cell with others withdrawing from hard drugs like heroin, for 12 hours. While in this cell I was given one blanket, and one ratty mattress to sleep on, on the floor, the fluorescent lights were never turned off, or dimmed. It was freezing cold. I was denied examination by the nurse and ignored by the sheriffs when I told them I was mistakenly placed in detox, as I am not addicted to drugs. If they had tested me they would have found no evidence of drugs in my system. No-one listened to me, I was ignored, for 12 hours. Is there any way to fight this treatment as cruel and unusual? I am emotionally and physically broken from this experience. I am a full time college student and substitute teacher.

1 Lawyer Answer
Beau  Correll
Beau Correll
  • Criminal Law Lawyer
  • Winchester, VA
  • Licensed in Virginia

A: You need to consult with an attorney that specializes in what are called "1983" actions. You should act soon, there are certain strict time limits that may apply.

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