What to do if I was recently put into handcuffs and ever since there has been a numbness in my hand?

I was never formally arrested and no charges were filed. Can I sue? I believe nerve damage was done because it is just a consistent numbness.

Asked on August 27, 2014 under Personal Injury, Massachusetts

Answers:

Anne Brady / Law Office of Anne Brady

Answered 6 years ago | Contributor

You can always sue but it is unlikely you will get anywhere.  Police have conditional immunity from tort claims.  Assuming they had probable cause to arrest you, they could put you in cuffs.  You say you were never "formally" arrested, but there is no such thing.  If they put you in cuffs and kept you from leaving, they arrested you.  There is no evidence the police were negligent, far less grossly negligence, the hurdle to get past the conditional immunity police have while on the job.


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