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Arm broken by improper cuffing of Police, how should I proceed?

San Diego, CA |

I was visiting san diego on my birthday and believe i may have been illegally detained by security guard for a club in San diego as I walked by for public intoxication they called the police where I was subsequently handcuffed improperly which caused my left radius arm bones to break at time the cuffs were removed I was extremely swollen. I also have many cuts, scuffs and bruises. I was very cooperative the whole time and have a witness. I had to go to the emergency room the next day where they diagnosed me with a broken arm (yes I'm in a lot of pain and I'm wondering how and if i should take action against police and the club staff and if I have a claim.

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Attorney answers 3


consult with a local personal injury attorney


You need to contact a civil rights attorney as soon as possible. Police misconduct, involving the use of handcuffs resulting in injury to the detainee, happen all the time, and you deserve to have your case evaluated. Please do waste any time because the California Government Code requires that claims against public entities--in this case, the city or county employing the police officers who handcuffed you--be filed within six (6) months of the incident.

Ms. Berjis is licensed to practice law in the State of California. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship.


Your first step is to file notice per the California Tort Claims Act which must be done within 6 months. These forms are available online. Best of luck!

My response to your question is not intended to be legal advice and does not establish an attorney client relationship. Rather, it is simply provided as a free service through Until there is an executed representation agreement, no attorney client relationship has been established.

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