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I was arrested and unnecessarily beaten by the police resulting in injuries creating medical expenses. Do I have any rights?

Cops arrested me two weeks ago for a drunk and disorderly outside a bar. They also say they found a joint on me. I was drunk, but I wasn’t disorderly, and I did not resist arrest, but they beat me anyway. They knocked out two of my teeth, broke my arm, and gave me a concussion. I was let of jail on bail the next day, but I’ve been unable to work since then because of pain and dizziness. Can I sue them for lost wages and my medical costs? And can I use the fact that they beat me as a defense to the drug possession charge? It’s a minor charge, but I don’t want it on my record. Thank you.

Answers (1)

If you’ve been unfairly, unjustly, or improperly beaten by police, you have a lawsuit against the officers, the police department, and the town or city. The police are allowed to use force, but only in well-defined circumstances, such as to protect themselves or others, or against a suspect who is resisting arrest. If you truly were not resisting arrest, they had no grounds or justification to beat you, and you may sue them for your medical costs, lost wages from being unable to work, other direct costs (such as taxi or other travel costs, if you can’t drive), pain and suffering for serious injuries, and potentially punitive damages as well.

Being beaten by police would not be an actual defense to a criminal charge—if a person committed a crime, what happened to him or her afterward does not change that fact, or reduce their criminal liability. As a practical matter, if it was a small offense (and particularly if you’re a first-time offender), the police and prosecution may be willing to drop charges as a way to lower the profile of the case and garner some goodwill. Also, the arresting officers’ behavior could be used to cast doubt on their credibility and truthfulness, should the case go to trial.

If you haven’t already, you should retain an experienced attorney, who can simultaneously defend you while evaluating your potential claim against the police. Do this quickly; there is usually a short “window” of opportunity to file a claim against a government agency or department.

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