Hundreds of people of all races, ages and genders are seriously injured or die while in the custodial setting of a jail, prison or juvenile detention center every year. Sadly, most of those injuries and/or custodial death are unwarranted and preventable.

Law enforcement officials have a legal duty to protect those under their supervision. When they breach that duty, they can and should be held liable for the consequences of their actions — or inactions.

Anyone who has been injured or has had a loved one die while in custody should contact the experienced jail death and police abuse claim lawyers at The Robenalt Law Firm, Inc., as filing a lawsuit against a government entity, officer or deputy is a challenging task.

“I Can’t Breathe!”

The following are actual quotes from witnesses in the brutal and inhumane death of a Florida inmate:

• “I can’t breathe, I can’t breathe; just let me get this hood off. I need to get some air!”
• “He was complaining that he had a hood on his head and that he couldn’t breathe!”
• “Sir, they killed that boy; he was begging and gasping, stating I can’t breathe!”

The victim died after being pepper sprayed in the face, then restrained in a chair while a spit mask/hood was placed over his head. He begged for help for nearly one hour.

Tom Robenalt handled and acted as lead counsel in a Federal Court for the victim’s family. With the help of local counsel, the case was settled for $2.2 million.

Proving Deliberate Indifference Requires an Experienced Custodial Death Attorney

If you or a loved one has suffered injury or death while in custody, compensation should be paid. The injuries must be serious and substantial in order to pursue a claim against a governmental entity, an officer or a deputy.

In order to establish a claim for violation of section 1983 of the United States Code, a person seeking compensation for injuries and or death at the hands of government officials must prove that these governmental officials acted with deliberate indifference to his or her serious medical needs. That requires a showing that the deputy or officer subjectively knew about the risk of harm to a prisoner or pretrial detainee.

Filing a lawsuit against a government entity, officer or deputy is a challenging task — especially because they are filed in federal court where the rules are different. As was true in the case described above, expert testimony in these custodial death lawsuits is crucial and you need a lawyer with experience so that the right experts can be retained. We are that firm and can help you get the compensation you deserve.

For a free consultation: call 216-223-7535, email trobenalt@robenaltlaw.com, or use our online form.