QUESTION
Can we file a lawsuit against the local police who brutally beaten my disabled husband?
Asked on Jan 25th, 2014 on Personal Injury - California
More details to this question:
My husband is disabled, he was involved in an incident with the local police. When they apprehended him, they repeatedly kept slamming his face into the rocks, and his knee as well, and they repeatedly kept holding him down with their knee into his neck and kept kneeing him repeatedly in the head and caused him to have a seizure. He was screaming for them to stop. They said he was resisting, but he wasn't. They were twisting his already dislocated shoulder. Pictures were taken at a local hospital of all injuries that were incurred during the altercation. He has multiple injuries to his knee, face, chest, back, neck and shoulder. Does he have a case against the local police for either excessive force or brutality?
9 ANSWERS
Ronald A. Steinberg
You better believe it! Dealing with idiots is a problem, but it gets worse when they have badges and guns. Get a civil rights lawyer and go for it.
Answered on Feb 12th, 2014 at 2:04 PM
Thomas Edward Gates
Yes, you have a case to proceed on.
Answered on Jan 28th, 2014 at 4:18 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to talk with a local attorney that understands how to sue the municipality. Do it now. In Idaho you only have 6 months to start the process.
Answered on Jan 28th, 2014 at 4:18 PM
Based upon the facts you have presented, your husband may have a personal injury case. The success of the case depends upon a number of factors, including the existence of scene witnesses who are willing to testify on your husband?s behalf, whether the police were using reasonable force under the the circumstances and whether a public entity claim has been presented or can be timely presented. I would urge that you contact an experienced personal injury attorney.
Answered on Jan 28th, 2014 at 4:18 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Of course you can. Retain local counsel that regularly handles these matters as soon as possible so the matter can be investigated, evidence requested/preserved (such as dash cam videos, etc.) and a decision made on the viability of the case. Good luck.
Answered on Jan 28th, 2014 at 4:17 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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I hate to be equivocal, but the best I can do is to say that he might have a case. You describe a very compelling scenario. On the other hand, police will always stick up for each other and come up with a story about how he was combative, etc. Also, you have to show that they violated recognized police procedure. It can be done, but it is never easy. Try to find a lawyer who takes on these kinds of cases (that won't be easy either, for the reasons outlined above). Consult with such a lawyer to see if he/she is willing to pursue the matter.
Answered on Jan 28th, 2014 at 4:16 PM
Edwin K. Niles
Yes, but be sure to get immediate advice on the governmental claims filing statute.
Answered on Jan 28th, 2014 at 4:16 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If you have sufficient proof of your allegations you would have a case.
Answered on Jan 28th, 2014 at 4:16 PM
He needs to consult a local attorney who handles excessive force cases against the police to see if he does have a case. The police are allowed to use reasonable force. If there are no other witnesses to the incident, the police will say it was necessary force.
Answered on Jan 28th, 2014 at 4:16 PM