The lawyers at Budge & Heipt are distinguished in our area of focus: representing victims and their loved ones following death or serious injury that has occurred in jail or prison, as well as cases involving death or serious injury from excessive police force. Due to our experience and focus on these cases, we periodically blog about issues surrounding these cases. Because every case is different, our blog should not be taken as legal advice. To discuss your case specifically, contact our firm.
Counties, towns and cities are increasingly turning to private companies to provide health care services to inmates at their jails. When a private health care company agrees to provide health care services to jail inmates, the company and its employees (such as nurses and doctors) are assuming a public function and are responsible for complying […]
Jails are can be dangerous places. Unfortunately, inmate-against-inmate assaults (including sexual assaults) do occur. Some assaults result in extremely serious injuries, or even death. When such assaults occur, jail officials can face legal liability under the Constitution for failing to prevent them, but only in limited circumstances. The Supreme Court has held that jail officials […]
When police officers use too much force against a citizen, the citizen (or his or her estate) may assert that the force was excessive, in violation of the Fourth Amendment to the United States Constitution. Such claims are analyzed under an “objective standard.” In order to prove that the force was excessive, the court will […]
Because alcohol withdrawal in jail can be fatal if not treated appropriately, it is incumbent on jail medical staff to ensure that alcohol-dependent detainees and inmates are properly monitored for symptoms of withdrawal when they are admitted to a jail. When alcohol withdrawal symptoms exist, they must be properly addressed. This can include close monitoring […]
Death from alcohol or drug withdrawal in jail is often entirely preventable. When a person who is dependent on alcohol is forced to go “cold turkey” in jail without appropriate medical treatment, the resulting withdrawal symptoms can be deadly. The same is true for certain kinds of drug withdrawal. In particular, withdrawal from prescription benzodiazepines, […]
One of the most frequently misunderstood issues in excessive force cases against the police relates to the defense of “qualified immunity.” What is qualified immunity and how can it be overcome? The doctrine of qualified immunity is frequently raised as a defense in cases asserting that the police acted unconstitutionally. Defense attorneys will almost always […]
When pursuing a case for wrongful death in jail, it is important to consider which entities bear potential responsibility for the death. Responsible parties can include the municipality (such as the city or county) that runs the jail, as well as individuals who may have had responsibility for the health, safety and welfare of the […]
When a person dies in police custody, or in jail or prison, one of the most important questions concerns why and how the death occurred. Winning a wrongful death case against a jail, prison or police agency requires more than proving that the jail, prison or police violated the law. It must also be proven […]
One of the main jobs of a police brutality attorney is to ferret out information from the defense. Before a lawsuit is filed with the court, this can be difficult to do. Police officers, their supervisors, and their attorneys are most often tight-lipped about the facts. Rarely will police brutality victims and/or their families be […]
Excessive police force violates the United States Constitution. When a police officer uses excessive force against a citizen, he or she can be held liable for the resulting damages under a federal law called 42 U.S.C. Section 1983. Some people, including many lawyers, assume that if a police officer uses excessive force, then his or […]
If you or a loved one has been a victim of serious injury and/or death at the hands of police or in jail or prison, tell us about your case.