Can a police department be sued for not giving your meds that night?

Asked over 1 year ago - Burlington, CO

My blood test showed a cymbalta a percocet. I am bipolar and told them that I would freak out. I hear voices. They refused saying I could overdose. They just had the blood drawn and the urine sample.

Attorney answers (8)

  1. Ann Toney

    Pro

    Contributor Level 13

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    Answered . It is hard to sue any police department. You would have to establish a harm that you suffered. How long were you in jail? Did you in fact, "freak out" and hear voices? I am not saying that you would not have a right to sue, I am saying that based on the information you provided it is not clear whether there is enough evidence or harm to you to be able to bring an action. The type of lawyers that handle these matters are "civil rights" lawyers or 1983 lawyers. Please feel free to Google those phrases and consult with one of them. Hope you are well.

    Ann Toney, P.C. is a law firm in Denver, CO defending DUI, DUID, and marijuana drug charges.
  2. Stephen Clark Harkess

    Contributor Level 20

    10

    Lawyers agree

    Answered . You would have to show more than negligence in order to have a claim. You will need to show that the failure to allow you the medicine rose to the level of cruel and unusual punishment in violation of the Eighth Amendment of the United States Constitution. This is not any easy case and unless you suffered significant damages it may not be worth pursing. However, if you arrange a consultation with a civil rights attorney you can discuss whether it is a case they would be willing to handle. If you do win such a case, you can obtain an award for attorney fees and costs, so if an attorney believes you have a strong case then you may be able to find someone to handle it without charging you up front.

    You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney... more
  3. Josh P Tolin

    Contributor Level 19

    10

    Lawyers agree

    Answered . Suing a police department is considered a civil rights claim. I think you would be hard pressed to show any damages based on one night of not getting your medicine. If you wish to retain a civil rights attorney, you should do so.

  4. Anthony Michael Solis

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . If they can be shown to be negligent, probably. Check with a civil plaintiff's lawyer but you will need to figure out what your "damages" are. Some anxiety, freaking out and voices may not be that compensable.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more
  5. David Ian Schoen

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . The facts you give are not sufficient to establish a claim worth bringing.

  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . You can have a civil rights lawyer investigate, but without damages, the lawsuit would cost more than would likely be recovered.

  7. Albert Lee Crosner

    Contributor Level 19

    8

    Lawyers agree

    Answered . You should contact a criminal defense attorney and talk to him/her about this issue.

    Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The... more
  8. Tatiana Kadetskaya

    Contributor Level 19

    8

    Lawyers agree

    Answered . Without damages, a lawsuit would not be productive

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