Can I sue the hospital or police dept. or both?

After being arrested for a misdemeanor, I was taken to the hospital; I refused treatment. I was then held down by four officers and forced to have a catheder shoved in me before they took me to jail. I have never felt so violated or embarrased in my life. Do they have a right to do this?

Asked on July 6, 2009 under Malpractice Law, Florida

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It's possible that the facts could justify what was done to you, but I'd think they would have to be fairly extreme facts.  You haven't supplied any of the details, quite understandably, but they will be very important if you decide to pursue this.  I certainly think that you should have a local attorney review your case, because it's possible your civil rights have been violated here.

It's relatively rare that civil rights suits against police officers actually succeed, although a fair number get filed every year.  But conduct that "shocks the judicial conscience" is usually enough, and this might be one of those cases.


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