Q: Was severely beaten while detained; need advice on legal action.
I was detained after missing a visit with my probation officer and placed in medical segregation due to the flu. During a medical evaluation, I was handcuffed and strapped to a chair, where I was severely beaten by two sheriffs and two corrections officers. This resulted in a knocked-out tooth, cracked ribs, and a severely injured wrist, along with other injuries. There were two sheriffs, two corrections officers, and a nurse present during the incident. I was too weak and likely lost consciousness due to illness. Following the incident, I was rushed to the hospital for emergency treatment and later released home, where my recovery has been difficult, needing extensive help from family to move around. Are there grounds for legal action, and what steps should I take?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
I'm really sorry you went through something so violent and traumatic. What you described could amount to excessive force, and you may have grounds to take legal action for the injuries you suffered while in custody. The fact that you were restrained, ill, and then beaten by officers makes this situation deeply serious.
You should write down everything you remember, including names, dates, what was said, and who witnessed what. The presence of a nurse could be important, as medical staff are potential witnesses. If you were treated at a hospital, get copies of your medical records and photographs of your injuries, if possible. All of this can help build a strong account of what happened.
It’s a good idea to consult a civil rights attorney who handles cases involving law enforcement misconduct. There are strict time limits for filing these types of claims, so acting soon is important. You might also consider filing a complaint with the Department of Justice or a local civil rights organization. You deserve answers and accountability, and no one should be treated that way—especially while sick and restrained.
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.
