Legal Question in Civil Rights Law in California
Can I sue a cop for beating me up while I was in the holding tank. I told him I had to piss And he said piss your pants so I pissed in the holding cell and he came back and apparently some leaked on to the hallway...I was drunk. He then told me to mop it and I said your payed to work here you mop it. He then started to mop I said yeah that's right then he beat the shit out of me with the mop.I can't tell another cop because cops only back up each other.can I press charges for abuse like that.
2 Answers from Attorneys
Sure you can, but you will also need evidence to support your claim. Did you see any health care provider for examination or treatment, any friends or family see the injuries, any one else in the holding cell? The jailer [likely not a police officer] will claim that either you wee so drunk that you fell down and hurt yourself or he had to restrain you as you were violent [you certainly were hostile in speech]. You have to file a claim for damages within 180 days against any of the public entities involved. I doubt you can handle the matter your self so go to an attorney who handles cases such as this. He/she can better tell you your chance of getting anything.
Anybody can sue anybody for anything. Having a winning case depends on ALL the facts. Without legally admissible and credible evidence, witnesses, etc., it is just your word, and your word is insufficient to prove a case.
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