Skip to main content
Katelyn S Oldham

Katelyn Oldham’s Answers

1 total

  • Violation of a disabled inmate's civil rights to medical help.

    In March 2007, my husband was arrested and taken to a small jail place before the bigger one. Well, mind you that when they arrested him, they knew of him and that he is wheelchair bound. Well, they took him and put him in a holding cell on the fl...

    Katelyn’s Answer

    While your husband may have claims against the individual officers or the municipality that was responsible for his arrest and detention, you must act quickly. Some or all of his claims may expire within two years from the date of the action (if they have not already expired after a year). You indicate in your question that the arrest and detention occurred in March of 2007. If that is so, you may need to file suit before March of 2009. Different states have different statutes of limitations for claims arising from police misconduct. In addition, many government entities also require the submission of a notice of tort claim if you wish to pursue claims under state law, before you can file suit. Oregon and Washington both have such requirements. Please contact a local attorney to discuss these issues immeditately.

    If these procedural issues are propely addressed, your husband may be able to pursue claims under 42 U.S.C. s 1983 for violations of his constitutional rights (Fourth Amendment, particularly), as well as under the Americans with Disabilities Act, Washington state statutes pertaining to the treatment of the disabled, and negligence at common law. Many police departments promulgate policies and procedures relating to how disabled individuals are to be treated if they are arrested and taken into custody. You should find out what the police department's procedures were at the time of the seizure. Even if you are unable to pursue a legal claim against the police department, you can still file a complaint with the department and request an investigation into the manner in which your husband was treated. This may assist other disabled individuals in the future by preventing them from being treated in this inappropriate and inhumane manner.

    Please note that this response is intended only as a general response regarding possible laws that may apply to your situation. Without more facts, it is impossible to know what claims your husband may actually be able to pursue. This answer is not intended as legal advice or counsel and is not intended to create an attorney-client relationship between myself and your husband, or yourself. If your husband wishes to pursue his possible claims, he must contact a local attorney immediately to determine what steps he must take to do so. Good luck to you.

    See question