Legal Question in Civil Rights Law in California

The police came to my house when my girlfriend called them because I was severely intoxicated and locked her out of the home we share. I didn't open the door for them, so they pried the lock open. They got me outside, handcuffed me, practically beat me to death and took me to jail where I remained for a week. There were 12 of them, I am a 61 year old male, 6'0", 155 lbs and of course handcuffed. The only proof I have is my mug shot. When my girlfriend saw the picture, she didn't recognize me because I had been so badly beaten. My girlfriend made four attempts to visit me in jail and every attempt was thwarted. Two days in a row they told her she couldn't see me because my arraignment was on both days. Do I have recourse?


Asked on 1/04/12, 8:05 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

You need to contact attorneys who handle civil rights suits against police departments. But you have 12 officers who are going to say you were violating resisting arrest and so drunk that you did not know what you were doing, and that they used the minimum force necessary to restrain you. They will claim that they thought you were going to be arraigned the first time but there were too many cases for your cases to be heard that first day. You will have obvious problems in the case, including explaining why a dozen police officers came to the scene and if you were beaten so severely why you were in jail and not a prison hospital. You need to file a claim within 180 days of the incident and file under Federal Code 1984 to get attorney fees.

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Answered on 1/04/12, 11:58 pm
Terry A. Nelson Nelson & Lawless

Not unless you have credible witnesses from the scene to testify that the police acted totally unreasonably in the situation. The police will all say you resisted arrest and had to be subdued, thus causing your injuries, which must not have been actually serious or you would have been transported for medical treatment. Bruises and scrapes are expected in a 'resisting' case. If you have testimony from your own treating physicians to show actual injuries that should have been treated, then that becomes an issue. If you think you can prove all things necessary, feel free to contact me to discuss.

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Answered on 1/05/12, 10:48 am


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