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

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.