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handling my claim. On 25...
My Civil Rights we're voIolated and no layer with assist in handling my claim. On 25 July 2010 I was a victim of Police butality. I was on the National Cemerety looking at the Medal of Honor site. When I left the first Sheriff deputy arrived. I was the only one back there so I circled around to see what he wanted, then the second one arrived. I was red lighted emediatly and continued to the administration bluidind. I open my door and put my foot on the ground, and was able to see them. They were sweated down in their down jams both wepons drawn. They both yelled out commands. I yelled back that I had a Dr Pepper in my right hand, my keys, a lighter, and cigarettes in my left hand. They put their guns away and ran up on me put me on the ground. The one on the right keep punching me in the head with his left. My right ear swalled, my right eye was blackened and three scraps where my hear bounced off the asfault. The one on the left keep kneeing me up and down in the ribs with his right knee breaking the 10th one down.
Submitted: 2 years ago.Category: Legal
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6/7/2015
Lawyer: Zoey, JD, Attorney replied 2 years ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 28,705
Experience: Active member of the NYS bar since 1989
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Hello,
My name is ***** ***** I will be assisting you with your question.
Were you arrested and charged with an offense? Did you see a physician and have reports which can document your condition? Do you have medical expenses as a result of the incident? How long after this incident did you start looking for a lawyer and why did they say they were not interested in helping you pursue this?
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Customer reply replied 2 years ago
No I was not arrested, I was there as a site seer. As I said I am a service connected disabled veteran. They took me to the county hospital to check to see if I had blood in my urine. Then I was taken to ETS on a 72 hour mental hold. Danger to self danger to others, unable to provide food, clothing, and shelter do to mental illness. I then was transferred to the VA hospital. If they would have transported me there in the first place I would have gotten proper medical attEntion
Lawyer: Zoey, JD, Attorney replied 2 years ago
Were you committed beyond the 72 hour evaluation period, or were you transferred to a regulat hospital at that point? Did you get proper medical attention ultimately? When?
I also need the answers to the other questions I asked you originally. How long did you wait before reaching out to contact lawyers about this? Why were lawyers not interested in your case?
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Customer reply replied 2 years ago
I was taken to the Riverside County Hospital on 25 July 2010 and then to ETS I believe on 25 July 2010 and to the VA Hospital on 27 July 2010, I might be wrong. I will get the records.The 72 hour evaluation hold stated.When transferred to the VA Hospiital from ETS they start the 72 evaluation period all over. On 26 July 2010 Dr Haton was working at ETS he also works at the VA hospital or the physic evaluation. I was placed on a 5250 after the 5150 hold.I started trying to hire a lawyer within a year after the indicdent.As to why the lawyers I contacted were not interested in taking on the case, I guess because I was 5150ed. I can't answer for them and their reasoning.I can provide medical evidence of the injuries suffered, the incident report can be can be obtained from the Sheriff Department and their vichle dash camera's.In the news paper a couple of weeks ago there was a story about a man that was beaten by two San Bernadino Sheriff Deputies and the county supervisors awarded him $650000.I e-mailed that attorney to see if he would handle my case for me and he did not even send a reply.You can call me at 909-2-2678 if you like and have more questionsDaniel
Lawyer: Zoey, JD, Attorney replied 2 years ago
The police are allowed to use reasonable force to subdue someone. They are supposed to use no more than is necessary to get the job done. I can't tell from the facts involved whether the force the police had to use under the circumstances was reasonable or not, because this resulted in an involuntary commitment, and your mental state and its manifestations are important in that determination. I have no access to police reports and medical records.
It certainly looks as if the police were overzealous in the matter of your arrest. I suspect though that it is the fact of the 5150 and 5250 holds that affected the decisions of the lawyers back in 2010 and 2011.
Now, unfortunately, it is too late to sue for brutality, and that is why the attorney you recently emailed did not get back to you. The statute of limitations ran out on a civil suit two years after the incident.
I wish I had better news for you, but you will be unable to sue at this time. THe most that you can do, and which may give you some closure, would be to report the officers involved to Internal Affairs and to your STate Attorney General to provoke an investigation into their conduct. If your brutality claims bear out, while you cannot collect for them, the officers involved could face sanctions, including temporary suspension or termination from the force.
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