Sacramento, CA asked in Civil Rights and Constitutional Law for California

Q: Can you file a civil lawsuit against law enforcement for a incarcerated loved one who is mentally Ill being abused

My son is currently in our county jail. He has a long history of mental illness. Which is in his paper work, the courts and the deputies are very filmier with. Instead of the facility treating him properly as an inmate with mentally illness, he’s being treated like a hostile inmate. Some things have happened that I’m not okay with it. Excessive force is being used. He was punched in the back of the head while being in handcuffs. He has been mentally/psychologically abused. Is this a civil lawsuit ??

2 Lawyer Answers
Robert Kane
Robert Kane
Answered
  • Criminal Law Lawyer
  • Eagan, MN
  • Licensed in California

A: You will need to contact attorneys that address prisoners' rights. Not many specialize in these area.

James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Yes, you can potentially file a civil lawsuit against law enforcement if your mentally ill loved one is being abused while incarcerated. Cases involving excessive force and mistreatment of inmates with mental illnesses may give rise to claims for violations of constitutional rights. It's crucial to consult with a legal professional to evaluate the specific circumstances, gather evidence, and determine the appropriate course of action.

James L. Arrasmith

Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith

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