Legal Question in Civil Rights Law in Indiana

excited delirium?

my brother in law brad is schizophrenic. On night he was pulled over for failure to signal. Turns out the plates were false. while waiting for a tow truck he suddenly took off. a police chase began. After all the tires were deflated, the cops surrounded the car. Brad pushed his feet against the floor board and crossed his arms over his chest. He was peepersprayed, drugged out of the car, and put face down on the ground and handcuffs were applied. then they noticed he wasnt breathing. Brad died that night right there on the pavement. Coronor said that besides all cuts and bruises endured during the struggle, he had a bruised larynx with no external bruising. The preliminary autopsy said possible excited delirium syndrome, and postional axphisiation. We say police brutaltiy. Ever seen a case like this? How do you bruise your larynx without any external bruises. He also had a broken tooth. there were 17 cops at the scene, how many guys on your back does it take to squash the life out of someone? Please give me anything that can help. we desparetly are searching for answers.


Asked on 3/06/06, 6:15 pm

1 Answer from Attorneys
Voyle A. Glover Attorney at Law

Re: excited delirium?

Excessive force cases abound in the US. Whether or not there was excessive force in your brother in law's case or not cannot be determined from the facts you gave, nor necessarily from the autopsy. There would have to be a forensic expert used to determine the kind of force applied to the body. Only after the issue of determining what he died from could there be an evaluation as to whether or not you have a case. These are not easy cases to win and oftentimes, juries are sympathetic to the police (who will appear in court in uniform).

These cases are also very expensive. Few, if any, lawyers would take such a case on a contingency. Some do, but most are going to want to be paid a healthy sum up front and a "pay as you go" on the rest. Costs can be high, too. You'd need a medical expert and you'd need an expert in law enforcement to testify as to the procedures and the kind of force needed to subdue the subject. An issue would be the bruises on the larnyx, which would be covered by both experts. Those experts alone could run ten thousand or more.

If you decide to hire a lawyer, make sure she or he has expertise in such cases. Ask if they've ever handled such a case or at the least, if they feel they can do the case competently.

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Answered on 3/07/06, 9:39 am


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