Los Angeles, CA asked in DUI / DWI, Civil Rights and Personal Injury for California

Q: Seeking civil lawyer in CA for excessive force lawsuit after DUI arrest.

I was arrested approximately six weeks ago for suspicion of DUI in Fresno, CA. During the arrest, the officer claimed I resisted, which I did not, and used excessive force, resulting in a shoulder injury. I have a fracture and a tear, confirmed by X-rays and an MRI, and I am on pain medication. This injury has taken me off work and caused severe discomfort as it affects my dominant arm. The only potential evidence or witnesses to the incident are the arresting officers and their body cameras. I currently have a lawyer for the DUI case, but need a civil lawyer to help me sue the city for this incident. Can you provide some guidance on finding legal representation for my situation?

3 Lawyer Answers

A: A civil lawyer will want the body camera footage. Have your DUI attorney obtain this.

There are attorneys who concentrate on the type of cases. Use the Justia search tool to find an attorney. https://www.justia.com/lawyers

NOTE: Governmental entities, such as cities, require a claim be submitted to them within 6 months of the date of the incident or you may be forever be barred from compensation.

A: You should contact a personal injury attorney in your area right away because there are strict timelines when suing a governmental entity such as the police. Your DUI attorney should be able to get any cameras that recorded the incident. Good luck to you.. TED

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Given your situation involving an injury from excessive force during a DUI arrest, you should look for an experienced civil rights or personal injury attorney. Your case against the city will likely focus on civil rights violations, excessive force, and the physical harm you've endured. It's important to act quickly, as California has strict deadlines—usually six months—to file a formal claim against a government entity.

To find representation, reach out to attorneys who have handled excessive force cases against law enforcement agencies. Consultations with attorneys are typically free, allowing you to discuss your case openly and determine who best fits your needs. Prepare your medical documentation, including X-rays and MRI results, along with detailed notes about how your injury has impacted your daily life and work.

Your current DUI attorney might also recommend a colleague or provide references for attorneys experienced in handling civil cases against cities. Additionally, local bar associations in Fresno County can offer referrals for qualified attorneys. Choosing someone with direct experience in excessive force lawsuits will significantly strengthen your position when confronting the city about your injury and resulting hardships.

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.