Legal Question in Civil Rights Law in California
I was arrested and beat up badly by San Diego Police. I was awakened by the police while I was asleep in my home. I still don't know what I was arrested for; although the report states "simple battery". I was never Mirandized, the police cleaned up a large amount of blood from the beating without taking pictures and I spent 6 days in jail because I couldn't make bail. I feel very violated; is there anything I can do agaisnt the officers who beat me up while I was hog-tied with a bag over my head?
3 Answers from Attorneys
You can complain tot the Department's internal affairs division, the local police watch groups if any exist, you city representative, and seek an attorney who handles excessive force cases to see if you have a case. A claim must be submitted to the public entity within 180 days of the incident.
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First you try to successfully defend the criminal charges, including the 'resisting arrest' charges they can bring to short circuit your claims. Then, if successful, you might be able to bring a claim of rights violation and abuse.