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  1. #1
    Join Date
    Mar 2010
    Posts
    2

    Default Forcible Removal of Piercings

    My question involves injury or loss that occurred in the state of: Georgia

    My 19 yr old son was arrested for shoplifting. His 17 yr old friend commited the crime without my son's knowlege. I realize that shoplifters come in two's a lot of times and understand why they arrested him, too. However, while in custody, neither boys were read their Miranda rights.

    The injury: My son has several piercings. These piercings were forcibly removed form his body while in custody with un-sterile tools. A dirty pair of pliers was placed in his mouth to get the lip rings out. The clavical piercings were forcibly removed as well as the earrings. He is now experincing infection in all of those areas. He was in the process of being bailed outwhen this occured. He was not combative and was co operating with the police.

    He is in the process of getting a lawyer. I just want opinions on whether or not we should persue a lawsuit for the injuries sustained and the deplorable way in which he was treated. Despite his apperance, he is a good kid who has never been in trouble before. I believe he was treated this way because he was profiled.

  2. #2

    Default Re: Police Brutality

    Miranda only applies if police want to use the statements given by a suspect in court. In most cases, Miranda doesn't apply because police already have other evidence that the case rests on. In probably 90% of cases, police don't have to say a word other than "you're under arrest".

    He can certainly consult with an attorney regarding a personal injury claim, but he should be aware in advance that it's standard procedure in ALL correctional facilities to remove ALL piercings, regardless of where they are located. I suspect that any claim will have to rest on the method of removal and lack of sanitary procedures (but he'll have a hard time convincing any jury that a piercing in the mouth or lip was ever sterile to begin with).

  3. #3
    Join Date
    Mar 2010
    Posts
    2

    Default Re: Police Brutality

    Thank you. I had figured that is was probably standard procedure. And I know people do have an aversion to those with piercings. I wasn't too happy with it, myself. There are issues with all of the pierced sites but, really the worst infections are at the clavical areas. That was also the area that caused the most pain when they were removed. The sad thing is, those type of piercings will just slide out when gently pulled, and these were all but ripped from his body. That's what upsets me most.


    Thank you for your comments.

  4. #4
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Police Brutality

    You should really just be thankful there removed and pray that he doesn't put them back in.

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