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  1. #1
    Join Date
    Dec 2016
    Posts
    1

    Default Can You Sue the Police for Injuries Caused by an Attack While in Police Custody

    My question involves criminal law for the state of: California

    I got a DUI about an year ago exactly. I was arrested and booked at the police station. On the way to jail i was put in a police car with another arrestee. while i was handcuff in the back of the police car, the arrestee was being very verbal to the officers then he bites my arm and after managed to free himself from his handcuffs and attacked me he grabbed my head and slammed it against the steel partition creating a laceration on my forehead and i began to drain blood from my forehead to my entire face then the arrestee began to choke me and i realized i was in a life and death situation as i plead for help from the officer to stop the car and pull him away from me or else i could of been killed. I was entirely defenseless since i was handcuffed. The officer stopped the vehicle pulled the arrestee off me. There the ambulance came treated my laceration on my forehead was taken to the hospital and released. The officer booked the guy for felony assault. I also hold the police department responsible for putting me in a life threatening situation and police incompetence and negligence they didn't cuff the suspect properly.

    It has been one year since my DUI arrest and no charges have been filed only through the DMV hearing i had a 4 month license suspension which ended in august of this year.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Can You Sue the Police for Injuries Caused by an Attack While in Police Custody

    Do I think what happened to you was bad and negligence on the part of the officers. Yes, I do. Do I think that you should raise a stink about it? No, I do not. It looks like you are not going to be charged criminally with the DUI. Do you really want to open a can of worms now?

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Sue the Police for Injuries Caused by an Attack While in Police Custody

    The injuries here -- you don't say anything about sutures are scarring. Are we talking about a serious injury, or are we speaking about an EMT wiping off the blood and affixing a band-aid?

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