Legal Question in Civil Rights Law in Oregon

Police neglagence, and excessive force.

I was arrested. I was placed in the patrol car. He did not secure me. I told the officer I had severe heart disease. His driving was agressive. I was having chest pain. He then turned rapidly around a corner and I was struck on my head. I remember little of the details from that point on. I was told by a doctor that I had a level II concussion from the impact. While under a doctors care, I raised my arms and the officer slaped them down and I fell down. When I stood up he grabed me around the neck and took me down again breaking 2 ribs. He sited me for attempted assult, attempted escape and resisting arrest. My question is ''If I had a level 2 concussion from his neglect to safely transport me, and I then was injuried by him again in the hospital,is he responsible for my injuries? Before the head injury I was cooperative. My wife took me to her doctor for medical treatment. He said I could have easily been killed by head trauma, and the beating I recieved. He said head injury's can act combatively. I am going into court to fight the charges. What can I do for my defence? Friends were shocked by the Troopers actions. What can I do?


Asked on 8/15/03, 4:51 am

1 Answer from Attorneys
Regina Mullen Legal Data Services, PLC

Re: Police neglagence, and excessive force.

If you have a civil rights claim, which you seem to, you should first file a citizen's complaint with the police department. Be as factual as possible.

Then, get a copy of all court documents in your case from your criminal lawyer (yes, you need to hire one). You also need a lawyer who specializes in civil rights working alongside.

Police brutality is no defense to criminal charges, but when the office fails to follow procedures and this causes injury and then he aggressively harms someone who should have been secured (handcuffed) in the vehicle, you've got a pretty viable claim.

Do not sign a no-prosecution agreement to waive any claims you have for the brutality until you consult a lawyer.

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Answered on 8/15/03, 11:46 am


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