Who is liable if a person dies in police custody, after they have been handcuffed behind the back?

Question

The commanding officers and/or the cop that handled them? What type of charges would they be likely to face?

http://www.azfamily.com/news/local/stories/KTVKLNews20070929_identity.121469bcc.html
I am indirectlly referring to this

Answer 1

The answer will be given after an investigation has been completed.

Answer 2

There is no quick and easy answer to this question. Liability indicates that someone responsible for causing the death, this is not always the case. For example if a person in custody in a jail exhibits no signs of suicidal behavior and manage to kill themselves before the guards on duty could prevent it, there would be no liability for anyone involved. Same goes for a natural death (hear attack, etc). The question becomes did the responsble parties act appropriately (called for an ambulance, administered first aid, took precautions to prevent he death if it was at all foreseeable, etc).

Determining who is liable for a death requires to first understand exactly what caused the death and then to determine if any liability exists at all. The death had to have been preventable by the people responsible for the person's well being at time of their death.

Your question hits another facet of this problem. Are the rank and file officers who handle people liable or is the command staff of the agency? Well, again that depends on what happened. If the rank and file officers violated policies or orders from superiors and that failure to follow the rules contributed to the death, then the rank and file officer who chose not to follow policy or direct orders bears some liability...how much would most likely have to be settled in negotiations or court. However, if the officer followed policy and orders and the person still died, the agency's policy can be challenged...but the plaintiff will have to show that the policy was flawed or did not adequately address what needed to be done. Obviously if the agency has any kind of decent policy manual and review process to keep it current; it will be difficult to challenge a policy. If a superior gave an order that resulted in or contributed to the death, then the superior will have to answer for that decision...unless it was strictly in keeping with agency policy.

Unless the officer acted with malicious intent (intent to do harm), there shouldn't be any criminal charges. If the officer walked up to the handcuffed person and just shot that person; then you'd have a good criminal and civil case against the officer as an individual.

If the prisoner was in medical duress (complaint or symptoms shown) and the officers failed to act on this information, there is probably a good civil case....unless there were circumstances beyond their control to prevent them from acting. For example an officer who requests an ambulance for a prisoner and the ambulance cannot arrive in time, there is no liability for the officer.

See, clear as mud unless you deal with this stuff all the time.

Answer 3

It really depends on the circumstances. If a person is handcuffed according to department policy and training and has no obvious signs he has medical needs, no one really would be liable.

The department will probably be sued and depending on the department, would probably pay out, but no one would be disciplined let alone charged with a crime.

If a person has obviously urgent medical needs and is left sitting and cuffed. The officer and department would probably be liable. In cases like this, everyone is potentially sued, from the officer, to the department, to the supervisor all the way to the police academy that trained him.

As for charges, unless the officer acts with complete disregard for the person or maliciously, no charges are likely. If they are shown to act with malice, out of department procedure or with extreme neglect, the charges can range from very minor to murder, again depending on the circumstances.

Answer 4

Depends on the circumstances. The woman in the news story was on her way to drug and alcohol rehab. I'm going to guess the autopsy will probably show some sort of substance (i.e. alcohol, pills, coke, or some combination) in her system as well as a body in poor health from years of abuse. This is a common cause of positional asphyxiation (the term commonly used to refer to people who die in custody while they are cuffed and confined). The Police are liable to a point but we are not doctors and the fact someone died does not automatically mean we have done something wrong.

Answer 5

I'm still trying to figure out how she got her hands up around her head? Now people will expect us to cuff criminals in the front? Forget that. I've still been attacked with them cuffed in the back. I imagine the choking hazard for an officer if a crook was cuffed in the front. There are cases where people asphyxiated when cuffed if they were left on their stomach. It sounds as though this person was picked up and sat down. She was checked on. After reading the story it appears as though there is no fault but hers for being placed into custody.

Answer 6

Not unless a police officer ruthlessly exposed the person to danger... they dont get in trouble. eg.... If someone murderd your family member and the police arested them, and you wanted revenge and you saw them taking him away;.. u decide to get a gun or projectile and shoot him..... How is that the polices fault? It not. When you see an arrest you will 100% of the time see the person removed from the public and out of site within minutes. Police'es duty is to Protect and Serve the community and to eliminate the threat. So if they are arresting someone, and then someone draws a weapon to attack the person getting arrested,.... then the police,es attention will then lead directly to the other, or if necessary draw guns and fire. Simple! I work for Queensland Police and Our policy is shoot to kill. FACT! If you see a QPS officer draw there weapons it means that they are ready to kill. If for example shoot a man waving knife at me and do not kill or "eliminate the threat" in our terms, I would have re do 1 year of trining nd it possibe for the man to sew the state government.

Answer 7

if the person died of "natural causes" or a "pre-existing condition" then nobody is liable.
but there's really not a way that just being handcuffed can kill a person....but i'm sure the entire department can be sued in civil court for wrongful death.
chances of any criminal charges being brought up toward one or two individual officers is going to be very very unlikely unless they abused and over-abused their power of authority.

Answer 8

Depends on why they died. Drunks and meth heads are know to go into cardiac arrest after getting physical when arrested. I have had 3 suspects die because they swallowed their dope when I got them.

So it is mighty bold of you to assume it is the police's fault some dirt-bag croaked in custody. Now I have taken several "clients" out in the woods to meet Mr. Tree when they gave me a hard time or did something really horrible, but they never died.

Answer 9

Nobody is necessarily liable. If you said potentially liable, then it would depend on why he died and if the handcuffs contributed. Generally people don't die from having their arms behind their back.

Answer 10

If it's a druggie better of with out them, if it's a bad cop better of without them most cops are good, unfortunately people also say that about most criminal scum, as prince said it's just a sign o' the times.

Answer 11

No definite answer. Could be the police, could be natural causes, could be anything [pending an autopsy report].