California In-Custody Death Lawyers - BNCL Law Firm

In-Custody Death

It is always a stressful experience to be taken into police custody. Law enforcement officers in Los Angeles and throughout the state of California are trained to identify and respond to inmates and others in their custody when they are experiencing a physical or mental crisis. They also have a legal obligation to provide medical treatment when necessary. When they fail to do so and someone becomes injured or dies as a result, our attorneys at Burris, Nisenbaum, Curry & Lacy can help their family take legal action.

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In-custody deaths can happen any time from the moment police and other law enforcement agencies confront an individual and during the time a person spends in detention or prison. Any person can become the victim of an in-custody death, regardless of their gender, age, or citizenship status.

The government has a legal responsibility to provide reasonable accommodations for the health and safety of detainees, regardless of whether it is at a police station, juvenile detention, or ICE. When the government fails in this responsibility and someone dies while in their care, they can be held liable for the wrongful death.

It is also important to note that being “in custody” does not necessarily mean being in prison, or being held in a jail cell at all. Any time a police officer or other government official is holding someone and that person is not allowed to leave, they are in custody. The American Civil Liberties Union (ACLU) outlines a list of the rights of those in police custody, including those protected by the Eighth Amendment, such as the right to be free of police misconduct.

Unfortunately, there are many ways in-custody deaths occur. The most common of these are as follows:

  • Staff members of prisons, jails, detention centers, or police, assault a detainee or inmate either physically, sexually, or emotionally
  • Police or staff members in institutions fail to protect individuals from assaults by other inmates or individuals
  • Intentional failures to provide proper medical care for an inmate or detainee in need of medical care
  • Imprisoning or detaining a person where they may experience unreasonable harm, such as in extremely cold or hot conditions
  • Detainees or prisoners are subjected to the use of excessive force, such as the use of spit hoods, pepper spray, Tasers, restraints, or spit hoods
  • Detainees or prisoners take their own life due to reckless or indifferent security guards
No one should lose a loved one while they are in custody and have a right to proper care. If you have lost someone, our California in custody death lawyers at Burris, Nisenbaum, Curry & Lacy can help your family make it right. Call us now at 510-839-5200 or contact us online to schedule a consultation with one of our knowledgeable attorneys and to learn more about how we can help with your case.
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    Our Offices

    Northern California Office Airport Corporate Centre
    7677 Oakport Street, Suite 1120
    Oakland, CA 94621     Ph: (510) 839-5200
    Southern California Office
    9701 Wilshire Boulevard, Suite 1000
    Beverly Hills, CA 90212     Ph: (310) 601-7070
    For press inquiries,
    please contact:
    Lee Houskeeper
    newsservice@aol.com     Ph: (415)654-9141
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