Injured by the Cops During a Wrongful Arrest? How to Get Justice and Compensation
Law enforcement serves a vital purpose in our society as they not only keep us safe, but also ensure that laws are adhered to by all without favor. However, what happens when the same personnel you have come to love and trust falsely arrest you, book you, and leave you with unattended injuries with no timely medical care?
Unfortunately, this happens all too often in our country, and the police force in general has been accused of being overly aggressive over the last few decades, and disproportionately so towards minorities and immigrants. What’s worse is the fact that when you’re booked and ask for medical attention, your pleas are ignored at the least and at worst, logged as “inmate complaints”. Law enforcement officers often engage in this reckless and endangering behavior as they feel they can hide behind police immunity.
It is important to note here that more often than not and particularly in marginalized communities, these arrests are false or wrongful arrests, one can not only seek legal recourse in the context of a civil rights lawsuit, but also, a catastrophic personal injury lawsuit, both of which can attract substantial damages and financial settlement – read on to find out how we can help protect your rights and personal agency if you were injured during a wrongful or false arrest by the police.
Are you looking for the best injury lawyer? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced, countrywide personal-injury attorneys at McCready Law have combined experience spanning over 90 years, where we’ve helped tens of thousands of injured Americans from all corners of the country, as well as from various socioeconomic backgrounds, helping them recover monetary damages after getting injured on account of the negligent actions of other individuals or large corporations.
To date, we have recovered over $260 million and counting for our clients, and our success is due to a number of factors such as personally handling all claims that come into the firm and not letting paralegals or inexperienced legal assistants work on them as seen in most law firms, our commitment in making sure that we put a capable and aggressive team for each claim made of physicians, investigators as well as industry-respected experts, as well as not being afraid to litigate claims in a court of law if we believe the client deserves maximum compensation based on your injuries or the actions of the defendant.
We also work with a team of well-renowned experts in the medical, investigative, forensic, and accounting fields in order to come up with a case replete with objective evidence, medical rationale for your injuries tying them to the accident and the defendant’s negligence, as well as quantifying your injuries by way of compensable damages to ensure you get the compensation you truly deserve.
We run a bilingual firm (hablamos Español), and we have nationwide reach thanks to our vast and trusted network of referral attorneys. Last but not least is the fact that we take on all cases on a contingency-fee basis, which simply means that there are ZERO UPFRONT FEES for the duration of the processing of your claim, as we only levy our fees at the end of the suit, and only if we’ve recovered compensation on your behalf.
The Two-Pronged Legal Attack: Fourth Amendment Violation & Fourteenth Amendment Deliberate Indifference
We build the case on two independent, reinforcing constitutional violations under Section 1983:
- Unlawful Seizure (Fourth Amendment): We prove the arrest lacked probable cause. We subpoena the officer’s incident report, the dispatch logs, and any body-worn camera footage. Discrepancies between the video and the report, or a clear lack of articulable facts linking you to a crime, establish the falsity of the arrest. This is the foundation.
- Deliberate Indifference to Serious Medical Need (Fourteenth Amendment): This is where we build the severe injury damages. Once in custody, the state has an obligation to provide medical care. We prove “deliberate indifference” by showing:
- Objective Seriousness: Medical records diagnosing the acute injury (shoulder dislocation, fracture, nerve injury) prove the serious medical need.
- Subjective Knowledge: The arresting officer’s own reports or bodycam audio where you complain of injury, or jail intake logs where you requested medical help, prove they knew of the need.
- Culpable State of Mind: The jail’s policy of treating all medical requests as “non-urgent” without assessment, or the deputy’s dismissive comments on video, show a conscious disregard for your welfare.
The Evidence Blueprint: From the Street to the Cell
We construct an incontrovertible timeline using evidence the municipality generates itself:
- Body-Worn & Dash Camera Footage: Critical. It shows the excessive force during arrest, your immediate complaints of injury, and the officers’ dismissive responses.
- Jail Surveillance & Booking Videos: Shows your visible distress, limited mobility, and repeated attempts to get the attention of guards.
- Jail Medical Request Logs & Incident Reports: Proves you asked for help and were ignored or delayed, often for hours.
- Arresting Officer’s Personnel File: History of similar complaints or excessive force incidents to show a pattern and defeat qualified immunity arguments.
- Municipal Jail Medical Protocols: We subpoena them. They often require medical screening within a specific timeframe (e.g., 2 hours of booking). Proving they violated their own policy is powerful evidence of systemic failure.
Defeating Qualified Immunity: The “Clearly Established” Right
The officers will claim qualified immunity—arguing they didn’t violate a “clearly established” right. We defeat this by citing long-standing case law: Estelle v. Gamble (1976) established the right to medical care in custody, and City of Revere v. Massachusetts General Hospital (1983) held the right attaches at the moment of arrest. Our legal briefs argue that ignoring cries of injury from a known, acute condition like a dislocation is a blatant violation of this clearly established law.
The Defendant Matrix: Suing the Individuals and the Municipality
We sue strategically to maximize pressure and access the deepest insurance layers:
- The Individual Officers (Arresting & Jail): For the direct constitutional violations. Their actions open the door to the municipality’s liability.
- The Municipality (City or County): Under Monell v. Department of Social Services, we sue for having an unofficial custom or policy of ignoring inmate medical requests or failing to train officers on identifying serious medical distress. This is how we tap into the multi-million dollar municipal liability policy.
Damages: Quantifying the Double Harm
The damages model is potent because it combines intangible civil rights harms with concrete, lifelong physical injury costs:
- Compensatory Damages (Physical Injury): All past and future medical expenses, lost wages, loss of future earning capacity, and pain and suffering from the permanent physical injury.
- Compensatory Damages (Civil Rights): For the emotional distress, humiliation, and loss of liberty from the false arrest itself.
- Punitive Damages: Against the individual officers for acting with reckless or callous indifference to your rights and safety. These are often covered by municipal insurance or indemnification agreements.
Conclusion: They Violated Your Rights and Then Ignored Your Injury. The Law Makes Them Pay for Both.
A false arrest case becomes a multi-million dollar recovery when the custody injury is litigated with the same precision as a catastrophic car crash. We merge civil rights law with high-stakes personal injury practice, using the government’s own video and records to prove not just that they wronged you, but that their neglect caused a permanent bodily harm with a calculable lifetime cost. We force the city’s insurer to pay for both the badge’s error and the doctor’s bill.
Best Countrywide Injury Attorneys – Call Us Today!
If you suffered a serious physical injury during an unlawful arrest and were denied prompt medical care while in custody, McCready Law has your back — simply give us a call NOW at (314) 481-63338 so we can speak with one of our experienced and attentive injury attorneys regardless of where you are in the country. Remember, the call is 100% FREE, and there is no legal obligation and nothing to sign. Thank you for choosing McCready Law; we look forward to helping you get the justice and compensation you deserve.