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Can You Sue the Police if You Can't Take Medication After an Arrest

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  • 09-24-2012, 04:59 PM
    petite
    Can You Sue the Police if You Can't Take Medication After an Arrest
    My question involves criminal law for the state of: California


    I had been arrested for a case, for which later on no charges were filed.
    I was chronically ill, and was under medications to prevent me from further damage.
    I was restrained from taking my medication after the arrest.


    After release, During my doctor's next visit , doctor reported to me that I have ended up in end stage.
    And he put me on life support.
    my lab values were compared to before and after the arrest.


    I am looking forward for attorneys who can take my case and assist me sue the police for the damage.
    Kindly guide me.
  • 09-24-2012, 05:24 PM
    jk
    Re: To Sue Police Department for Health Damage
    Quote:

    I had been arrested for a case, for which later on no charges were filed.
    why is that relevant?

    How long were you incarcerated?

    where were you incarcerated? (type of facility)

    How did the lack of medication cause you to progress to end stage whatever it is you have?

    this is not an attorney referral service. You might want to contact the state bar for a referral.
  • 09-24-2012, 09:00 PM
    cdwjava
    Re: Can You Sue the Police if You Can't Take Medication After an Arrest
    Quote:

    Quoting petite
    View Post
    My question involves criminal law for the state of: California

    I had been arrested for a case, for which later on no charges were filed.

    What charges did you face when you were arrested?

    Understand that not having charges filed does NOT mean that there was no probable cause to make the arrest.

    Quote:

    I was chronically ill, and was under medications to prevent me from further damage.
    I was restrained from taking my medication after the arrest.
    The police are NOT going to allow you to self medicate when you are in their custody.

    Quote:

    After release, During my doctor's next visit , doctor reported to me that I have ended up in end stage.
    And he put me on life support.
    Huh? You walked or drove to a doctor's appointment and suddenly had to be put on "life support?" That sounds ... unbelievable.

    Quote:

    I am looking forward for attorneys who can take my case and assist me sue the police for the damage.
    Kindly guide me.
    Check with the County Bar Association and ask for a referral. I'm not sure you can definitively tie any unlawful or other improper act on the part of the police to your medical condition, but if you have the money you are certainly willing to try.
  • 09-25-2012, 05:47 AM
    Disagreeable
    Re: Can You Sue the Police if You Can't Take Medication After an Arrest
    They may not have charged you because they did not want to pay your medical bills, not because you were innocent.
  • 10-01-2012, 06:02 PM
    petite
    Re: To Sue Police Department for Health Damage
    @ jk,

    well,due to the privacy concerns, I am not able to write more of personal details.

    unfortunately, that is the kind of diagnosis I had. The doctor explains it much better.

    I was not given a medical jail. Next day, when a nurse came to see a fellow prisoner, she found my condition at worst and BP shooting up to highest it can get may be. an I was shifted to medical section. But even there, I didnt get my full dose of medication.


    It didnt require much time for my health to go over failure.
    I have the doctor's reports and They say it all.

    I was released without any charge. because first of all , I was the victim.
    well,personal details I would not elaborate. sorry about that.

    Thank you so much for your time & concern.

    I want to fight it all, because I do not wish somebody else like me to go through this, being a victim, and loosing life .

    - - - Updated - - -

    @ cdwjava,

    Thanks for your time & concern.

    I would check with country bar association.

    Due to privacy reasons, maybe I was not able to put it all together to be more convincing.
    But I have the evidences for every statement I make.

    Definitely, I have no much money.
    I have had lost my health and gone through lot being a victim. Victim, before getting into jail. Victim, for being in jail.

    But, I seek justice not only for me but also for other people of this country in the future.
  • 10-01-2012, 06:15 PM
    jk
    Re: To Sue Police Department for Health Damage
    due to your privacy concerns, about all I can say is:

    hire a lawyer who you can disclose the information to. You aren't going to get any real direction asking about your situation and only being able to disclose a small part of the information.
  • 10-01-2012, 08:16 PM
    davidmcbeth3
    Re: To Sue Police Department for Health Damage
    It would be a 42 USC 1983 claim ... you sue the officers personally and in their official capacity. You can name the town too...

    Its not unusual for police not to provide medication ... chances of winning not good
  • 10-02-2012, 03:57 AM
    free9man
    Re: To Sue Police Department for Health Damage
    You also might consider spending whatever time you have left focusing on the positives, friends and family, rather than the negative. Your family, if you have any, can take care of the fight after you are gone.

    As already mentioned, take whatever evidence you have to a lawyer and see what they say.
  • 10-11-2012, 03:09 PM
    petite
    Re: To Sue Police Department for Health Damage
    @jk,

    yes, I know its complicated over the forum for me. I wish to find a lawyer who would take up cases like this.
    thankyou.

    - - - Updated - - -

    @free9man,

    I appreciate your concern for my life ahead. I am yet very much young. But, I have the time restraint to raise the issue in the court as my social worker suggests me the same.
    And I believe bearing injustice, is the second crime.
    I am working with the issue, will see what happens.
    Thank you for your valuable time & suggestions.

    - - - Updated - - -

    Also somebody could please suggest me whats the timeline to file a case in this matter?
    earlier I had been told 5years from the date of incident., and some say 2 years.
    Could somebody please throw some light onto this? thanks
  • 10-20-2012, 08:35 AM
    cbg
    Re: To Sue Police Department for Health Damage
    Unless it's been between two and five years since the incident happened (in which case your claim has bigger problems than the lack of time to file), what does it matter how long the timeline is? Hire an attorney and do it. What point is there in waiting years to do so?
  • 10-25-2012, 05:18 PM
    petite
    Re: To Sue Police Department for Health Damage
    @ cbg,
    thank you so much for your time.
    Its less than 5yrs to the incident now. I was all alone all this while, until i got treated recently. I was not in a position to file as I was not stable.
    Someone told me that its past 2yrs,so I would not be able to file.
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