Home > Research Legal Advice > Criminal Defense > Can a D.O. get away with grabbing an inmate hard enough to mark them?
Asked about 1 year ago - Avondale, AZ
FlagMy husband is currently an inmate at the Estrella Jail in the tents. He works in the food factory there and the d.o. who is in charge there told him to do something specific; another d.o. told my husband to do something else after he had started on what he was already told to do. He told her what he was doing and why and she grabbed his arm. He told her not to grab him and she did it again. There were several other inmates who saw this. The woman also cussed at him calling him a name, but I don't know how serious of an issue that is up next to being grabbed hard enough to leave a mark. What can be done about this?
There might be a civil suite, there might not be but don't expect a jackpot the damage caused sounds minimal this is really a civil question not a criminal one. You could technically file a complaint with the jail or sue, but I would be too worried about staff retribution while he was in there to do it before he is released. Contact a civil attorney to see if you have a real grounds for a suit.
You really need to look at how bad your husband was hurt. Is he unable to use his arm? Did he go to medical? Were pictures taken? Was there video surveillance where this took place?
These D.O.s are in a world of their own and they think they are above the law. If you want to sue the Sheriff's Office it is going to be expensive. You need to find a civil attorney willing to take your case, and you need to figure out what the damages are.
Good luck,
Aaron M. Black
Criminal & DUI Defense Attorney
Martindale AV® Preeminent™ Lawyer
2012 Southwest SuperLawyer Rising Star
AVVO 10/10 Superb Lawyer
Law Office of Aaron M. Black, PLLC
3219 East Camelback Road #573
Phoenix, AZ 85018
Office #: 480-729-1683
Email: aaron@aaronblacklaw.com
www.aaronblacklaw.com
Q: Can a D.O. get away with grabbing an inmate hard enough to mark them?
A: Yes.
As an attorney who has handled several inmate abuse cases, I can tell you that it will be extremely difficult and expensive to bring a civil suit based on this incident alone.
Prison officials have a duty to protect prisoners from assault by inmates and prison personnel.
Here, prison officials may be liable if they act with "deliberate indifference" or "recklessly disregard" an inmate's safety. If prison officials allow guards and other staff members to act "maliciously and sadistically for the very purpose of causing harm" to the inmate, the officials may be liable. Unfortunately, guards are permitted to use force "in a good faith effort to maintain or restore discipline," which is the number one defense raised in this context.
For something as minor as this (injury wise), I would advise against making this an issue while your husband is incarcerated. It would be a good idea for him to try to get the names of other inmates who saw this behavior, so that once he is released, he can report this to the sheriff's office and provide a list of witnesses. This report should also be sent to the attorney's at Osborn Maledon, who are handling a 30-year old lawsuit with the jail. They may be able to monitor whether or not this was properly investigated by the sheriff's office. I'd say the most important thing here, is that some follow up is done so this particular DO doesn't think she can get away with treating inmates this way.
In order to sue the Sheriff's office for civil damages, you have to file a notice of claim within 180 days of the incident. The purpose of that is to make it much more complicated and difficult to sue the government than it is to sue a private person or entity.
Once you file your notice of claim, lawyers for the Sheriff's office will simply file a motion to dismiss, claiming that you served the notice of claim on the wrong person. For example, you can serve the notice of claim on the person at the front desk at the Sheriff's office; that person will gladly accept the service. You will then think that you have properly served the agency. Later, when you go to oral argument on the Sheriff's office motion to dismiss for improper service, the judge will ask the lawyer for the Sheriff's office: "who are they supposed to serve?" The lawyer representing the Sheriff's office will say something like: "the clerk of the Board of Supervisors." The judge will, of course, gladly accept that answer and proceed to dismiss your case with prejudice.
Before going through all of this, ask yourself this question: "did a couple of marks on the arm from an arm grab cause enough damages and pain and suffering to make it worth suing?"
If you answer yes to that question, then ask yourself this question: "will I be able to prove my case with solid evidence? If my evidence is the testimony of eye witnesses, do those witnesses have criminal records, and if they do, are their records for crimes that involve dishonesty?"
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