California In-Custody Death Lawyers

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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.

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.

Case Results

Reginald Oliver v. City of Oakland

Oakland Police keep fabricating evidence and lying about minorities to arrest and prosecute them for supposed “gang” crimes, in violation of a settlement that prohibits …

Named plaintiff Reginald Oliver claims the Oakland PD continues violating the Constitution, in defiance of the settlement in Delphine Allen e al. v. City of Oakland, USDC No. C-00-4599 TEH, also known as "The Riders" litigation. Read Full Course

Jane Smith v. City of Oakland

Racial profiling of Asian women by police officer resulting in a class action complaint for damages, declaratory and injunctive relief

Finding evidence about defendant's post-conviction parole violation unfairly prejudicial "since the jury could have construed that parole violation as character evidence in violation of Federal Rule of Evidence 404(b)" Read Full Course

Rodney King v. City of Los Angeles

Rodney King has filed a petition for a writ of mandamus seeking to have Judge John G. Davies disqualified from presiding at the trial of …

Rodney King waited too long to file a malpractice suit against the first of 27 lawyers who represented him in connection with the infamous beating he suffered from Los Angeles police in 1991, this district’s Court of Appeal ruled yesterday. The ruling by Div. Two affirmed Los Angeles Superior Court Judge Ann Kough’s grant of summary judgment to Steven Lerman. King earlier this year dismissed his appeal of Kough’s ruling in favor of two other lawyers sued in the case, Federico Sayre and John Burris. Read Full Course

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In-Custody Death

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John Burris Video 2020

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In-Custody Death

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Our In-Custody Death Lawyers in California Can Help if You Have Lost Someone

Our Offices

Our Offices

Civil rights lawyer John Burris confronts police narratives

John Burris Video 2020

Colin Kaepernick Tribute Video