What to do if my boyfriend was arrested and thrown in a police car with another individual who had nothing to do with his crime and was injured?

UPDATED: May 20, 2012

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What to do if my boyfriend was arrested and thrown in a police car with another individual who had nothing to do with his crime and was injured?

Upon being placed in the car, the other individual bit my boyfriend on the arm puncturing the skin and drawing blood. My boyfriend had to get a Tetnus shot at jail and was put on antibiotics. They were both drunk and unstable. Does my boyfriend have a possbile lawsuit against the police department due to liability as he was assaulted by another individual while he was in police care and sustained a serious injury?

Asked on May 20, 2012 under Personal Injury, Washington


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the other individual was drunk and was placed there before or after your boyfriend and was showing signs of violent behavior or agression, the two should not have been placed together and it actually may be a violation of the police policies in place. You need to have your boyfriend hire an attorney to explore this route and see if this can be used to negotiate down his charges or have his charges dismissed. Bottom line, your boyfriend was drunk and was arrested for an underlying crime or being a possible harm to himself or others. If so, your boyfriend's lawyer truly needs to get a copy of the police report in order to determine if there are any underlying violations that can help determine if the police should have separated the two.

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