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  1. #1

    Default Beating of a Mentally Ill Prisoner

    My question involves police conduct in the State of: California, San Deigo Ccounty.

    My mentally ill son was beaten by jail guards, with pretext that they were looking for a magazine that belonged to another inmate. they charged him for a crime, for not staying still while being beaten ( welcome to San Diego County) The DA filed charges against my son, lost in on a hung jury, due to political reasons will file again to harrasss the family. Is there any recourse in court, since my 6 month staute of limitations has ran out? Under Federal, State, Civil rights?

    I can give you more details and do not care if they recognize me, since I borught it up to City Council and soon the media.

  2. #2
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    Default Re: Can I Sue the City 15 Months Later Under Any Statude

    We don't have the details. It seems reasonable to infer that the guards say your son attacked them and that they were defending themselves. Consult a lawyer and share the details.

  3. #3

    Default Re: Can I Sue the City 15 Months Later Under Any Statude

    Mr. Knowitall sound like he works for the prosecutor's office or is a ex law enforcement officer or is one now>

    The details are as follows and in the transcript of the first trial:

    He was woken up at 3:30 am pushed and asked: Where is the magazine? (an inmate complained that he did not return a magazine) My son complained that he did not have the magazine and what is the urgency at this time of the morning, in a not to friendly way. They trashed the little belongings that he had, to include his personal bible (I have mailed three to him due to this action). While sitting in his bed (according to the officers transcribed testimony) he was kneed in his face 4 times while the other officer called for more help ( I guess to hold him down) The injuries to his left eye did not subside until 5 months later) Will you like a copy of transcript? Why are you taking sides? Have you heard of "excessive force"? NO MAGAZINE WAS EVER FOUND ! I was just interested in the staute of limitations. Since the District Attorney in San Diego, play golf with the public defenders and many private attorneys, I am still to find one that will take a "non slam dunk case!) Todya I do have an appointment with one.

  4. #4
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    Default Re: Can I Sue the City 15 Months Later Under Any Statude

    First off, please do away with the sarcasm. And no one is taking sides. You asked a question and based on what little you provided, got a direction to go in. First question that will be asked by any lawyer; "Why did it take 15 months to bring this issue up?"

    If you DID NOT witness the alleged beating, your statements are irrelevent and hearsay in a court of law; non-admissable. If the statute of limitations has expired, then it's expired. However, you can contact the ACLU or your states AG office and see if they will take your case. You've determined that it's a 'slam dunk' case and if that were so, you'd have attorneys beating down your door to take the case. Those you have contacted obviously feel otherwise.

    We're not trying to be the ogre's here and diminish what's allegedly occurred; we're just objectively responding to what you've stated and what your attorney and the courts will take into consideration.

  5. #5

    Default Re: Can I Sue the City 15 Months Later Under Any Statude

    Aclu does not want the case. The attorneys down here want a "slam dunk" case for them, since I have contacted three. The 15 months have gone by since the attorney defending my son, keeps posponing the trial until my statute of limitations run out, since no attorney wants to sue or due anything until the case is NOT PENDING" all with the pulling of strings of the District attorney. The beating is on transcript, the noexistent magazine, the hour, and so forth. Basically I got an answer that my limitations has not run out. In one more month, they will try the case again, for his beating. I have contacted, State Attorney General, CLERB, politicinas, ACLU, Mental rights advocates, the da themselves, and so forth. I was quoting from the transcripts....how do I know mr. know it all does not work for da anayway?

    I was not looking for sympathy or sides, but we have suffered enough for "Mr. Knowitall to say, without being there that my son started it. ONce I know that I can sue the city and or the DA, I will not write this column anymore.

  6. #6
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    Default Re: Beating of a Mentally Ill Prisoner

    Best wishes to you and your son.

  7. #7
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    Default Re: Beating of a Mentally Ill Prisoner

    I said "It seems reasonable to infer that the guards say your son attacked them and that they were defending themselves". You got all snippy, but was I wrong? Did the guards say your son attacked them and they were defending themselves?

  8. #8

    Default Re: Beating of a Mentally Ill Prisoner

    My son tried to Interfere with the trashing of his only belongings, to include letters, a bible they trashed, and rubbing shoulders with him at three am. They complained that he did not obey an order of interefering with their duties, while kneeling in his bed (trancripts verify this) they clcaim that he swung at them between the bunks, which led to the beating and the Da unjustly filing charges.

    Quote Quoting M'sta Mikey
    View Post
    Best wishes to you and your son.
    Same to you and thanks for your help!

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