Legal Question in Personal Injury in Maryland
procedures while transporting a suspect in a police vehicle
Is their any law that pertain to law enforcement officers, that while transpoting a suspect in handcuffs and put them in the back seat of their car, are they under obligation to put a seatbelt on the suspect? If they do not put one on that person and every time they took a corner the suspect was sliding from one side back to the other and they obtaine a torn or strained tripode muscle due to the fact the back seat was made from a hard plastic. Does this fall under a personal injury?
1 Answer from Attorneys
Re: procedures while transporting a suspect in a police vehicle
Yes, this is a personal injury claim but of a special sort. This is a civil liberty claim. Upon arrest, the State must show that the arrested suspect was treated with due care. A multitude of cases exist as to negligent care by the arresting officer or the State.
With your specific factual inquiry, the burden would be to prove that the injuries relate directly to police negligence. This entails showing that the police driver drove the vehicle in a manner that was abusive to a detainee. If your injury was a direct result of such actions then you should consult an attorney.
With regard to your underlying arrest, you should consult an attorney.
G. J. Holthaus
(410) 799-9002
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