Legal Question in Legal Ethics in New Jersey

Police Brutality or Personal Injury

On Christmas morning my son was arrested while at a house party for petty disorderly person. We have approx 50 witnesses that will admit that when he was put into the police car he was fine and walked to the car under his own power. My son now has a severe broken leg which he said was deliberty smashed in a door at the police station while in custody.The officer that slammed his leg in the door made comments to my son (age 24)after the incident asking him if he intended to cry and pull off his clothes like his sister did a few months ago when she had an alergic toxic reaction to medicine (Paxil). My son will be having surgery tomorrow and may need additional surgery in a few weeks to correct the mutiple broken broken bones and torn tendions in his leg. My question is this: What type of lawyer should we be seeking to find to defend him on the injury.Is that considered ''personal injury'' even though it was police brutality? This officer should not be allowed to do this to people when they are in his care, custody and control.Fact: This officer was also one of the arresting officers when my daughter had a problem with PAXIL.We belive he has a grudge of some kind since charges against my daugher were dropped.


Asked on 12/29/04, 7:40 pm

1 Answer from Attorneys

Re: Police Brutality or Personal Injury

Your son's injury, which you state happened at the hands of the police, would constitute more than a simple personal injury. If the injuries were deliberately inflicted, then a criminal assault took place; further, the police department, as well as that officer, had a duty to care for your son while he was in their custody.

Your case is one which requires more expertise than the traditional "personal injury" lawyer. Municipality law, civil rights and constitutional issues are also implicated. Please feel free to contact me to discuss your case. 978-250-4255 or 888-821-9716 or e-mail me.

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Answered on 12/29/04, 7:57 pm


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