Legal Question in Civil Rights Law in California

Injuries Sustained

Ashamed to say received a DUI. In brief: While in custody sheriffs department placed a mentally ill woman in cell with me and others. She assaulted me injuring back, neck, and head. Sheriff told me woman should never had been placed in a cell with anyone. Assault was videotaped. Witnesses there and womans guilty statement in report. Filed a governmental complaint. Was rejected. Was told ''prisoners'' cannot file for damages for injuries. Was told to speak with a civil rights attorney. Do I have a case against the sheriffs for endangering my life? Is this negligence?

Thank you


Asked on 2/04/06, 6:14 pm

1 Answer from Attorneys
David Tuttelman Law Office of David M. Tuttelman

Re: Injuries Sustained

"Negligence" is not the standard for whether you can recover damages from the incident. To recover from the individual deputies who caused the woman to be placed in your cell, you'll have to prove, first, that they showed "deliberate disregard" for your constitutional rights; and second, that a reasonable and well trained deputy would not have believed it reasonable to do that. To recover from the county, you'll have to show it maintained policies, practices or customs that resulted in your constitutional deprivations. Both are tall orders to prove. More examples of right wing courts making it almost impossible for ordinary persons to obtain redress from the government.

Because of this difficulty, many attorneys will not take your case unless your personal injuries are signficant; i.e., resulted in high medical and other costs. Without such damages, the prospects for significant fees are reduced.

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Answered on 2/16/06, 5:26 pm


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