Legal Question in Personal Injury in Missouri

Police brutality

My cousin was beaten into a coma by local police officers. They broke his neck, back, and arm. No one is allowed to see him or hear of his condition. They will not let lawyers in either. Is this legal? No parents either.


Asked on 4/29/07, 7:01 pm

3 Answers from Attorneys

Anthony Smith LawSmith

Re: Police brutality

If he is unconscious, then someone has to make medical decisions for him. That is typically a family member. I am assuming he has nto been convicted of a crime, although he may be a suspect or defendant in a pending prosecution. There is nothing in that status that would prevent a person from exercising his righ to designate his medical proxy or attorney in fact, You might talk with his closest family members. Ask if any of them have a power of attorney designation from him. If he has not, the law accounts for this in allowing certain family members to allow making decisions for him while he cannot. It may be that someone in his family is making decisions for him but cannot tell you because it is confidential.

You did not indicate which jurisdiction he is in. I find it hard to believe that a defendant would be denied choice of care in any of the Missouri jurisdictiosn I have appeared in. No municipality or doctor wants to risk that kind of civil liability.

If, on the other hand, your cousin was convicted of a crime, and is in the custody of the DOC, then they cannot give you medical informatiopn without his prior permission. while he is in a coma, and in custody, it may be that the DOC is making medical decisions for him, and no family member can get confidential information. But, a lawyer should still be able to have access to him, as there may be a possibility of an appeal or habeus action.

Good Luck

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Answered on 4/30/07, 9:16 am
Rian Ankerholz Ankerholz and Smith

Re: Police brutality

Although the facts of the incident are not known, those injuries are quite severe to be sustained at the hands of the police. Your cousin has the right to an attorney. It is unclear whether the hospital/facility is keeping people away or whether it is the police. Consult an attorney immediately. We are here to help.

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Answered on 4/30/07, 11:48 am
Richard McLeod McLeod & Heinrichs

Re: Police brutality

No, it is not legal. He is entitled to legal counsel. Let me know if we can help.

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Answered on 4/29/07, 7:08 pm


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