If the police let my exbf use his phone while he was in custody for domestic violence, are they responsible for texts?

Question

my ex-boyfriend got arrested at my house for domestic violence. While he was in custody, they let him use his phone to “ get my phone number” out of it (even though he knows my number by heart) and instead of getting my number out, he text messaged 3 to 4 people saying I put him in jail and I then started getting threatening text messages right after that from these people. he was still in the heat of the moment and wanted to retaliate and get revenge against me. I feel that they put my life in danger and I lived in constant fear for over a week , I’m still afraid someone might show up to my house and cause me harm. I live alone. if he was able to use his phone while in custody why weren’t they keeping an eye on him and what he was doing? is Simi Valley PD responsible for this happening? Do I have a case?

James L. Arrasmith · Answer

In this situation, there are a few important legal considerations: 
 
1. Police custody: Generally, when a person is arrested and in police custody, their personal belongings, including their phone, should be securely stored and not accessible to the arrestee. Allowing an arrestee to use their phone while in custody is unusual and could be seen as a breach of protocol. 
 
2. Duty of care: Police officers have a duty to ensure the safety of individuals in their custody and to protect victims of crime. By allowing your ex-boyfriend to use his phone, which resulted in threats against you, it could be argued that the police failed in their duty to protect you as a victim of domestic violence. 
 
3. Negligence: If the police acted negligently by allowing your ex-boyfriend to use his phone and failed to supervise his actions, resulting in harm or potential harm to you, they may be liable for their actions. 
 
However, proving liability in such a case can be challenging. You would need to demonstrate that the police acted negligently and that their actions directly led to the threatening messages you received.  
 
It is recommended that you document all the threatening messages you received and any other relevant information. Consider contacting a local domestic violence support organization for guidance and support. They may be able to refer you to legal resources in your area. 
 
You may also want to consult with a civil rights attorney or a lawyer specializing in police misconduct cases. They can assess the specific details of your situation and advise you on the best course of action, including whether you have a viable case against the police department. 
 
Remember, your safety is the top priority. If you feel that you are in immediate danger, do not hesitate to call 911 or local emergency services.

Q: If the police let my exbf use his phone while he was in custody for domestic violence, are they responsible for texts?