California  |  Civil Rights Law

Legal Question

Asked on: 6/15/12, 2:32 pm

My wife was arrested for a 273.5(a) during a dispute between her and my father where I sustained 2 scratch marks on my right shoulder from intervening. The police never once asked where the scratch marks came from. My father stated to the officers that the scratch marks may have indeed been caused by him during the argument. There were pictures taken of the scratch marks and myself but no photo documentation was ever taken of my wife or her hands. My wife was taken To the hospital by way of ambulance that night because she had fallen and hit her head( never being told she was under arrest even thought the cause for arrest paper stated she was under arrest at that time) there were no officers with her at the hospital and she was not placed in handcuffs until the next morning. She received her discharge papers and was told she could go by the nurse. While using the telephone a doctor informed her that the police had returned to check on her and the dr was told to tell her that she was not under arrest but that they just needed to check on her. She went down to meet the officers at which time she was placed under arrest for a felony 273.5(a) is there a strong enough case to peruse a civil lawsuit against the police department?

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