UC San Diego Student Files Claim After DEA Arrest

A 23-year-old UC San Diego student has filed a 20 million dollar claim after he was taken into custody by the DEA and left in a cell unattended for five days.   According to KTLA news, the student, Daniel Chong, had been taken into custody in connection with a raid intended to snare those involved in an Ecstasy distribution operation.  Chong was thereafter forgotten in a County detention center for five days where he reportedly had to drink his own urine to survive.  After his discovery and as a result of his ordeal, Chong spent five days in the hospital, including three in the intensive care unit.

See the KTLA news story HERE.

Regardless of whether Chong was involved in the Ecstasy distribution operation, the failure of law enforcement to treat him humanely while in custody may expose the involved public entities to significant civil liability.  While the facts of how and why this happened are far from clear, it would seem the County of San Diego may share some responsibility for their apparent neglect in allowing a "prisoner" to remain in a cell with no food, water or toilet for a period of five days.  At a minimum, assuming this is an allegation that is proven by Chong later, the County would be liable for the neglect of their employees in allowing this to happen.  Additionally, such conduct under "color of law" might subject the County to liability for the deprivation of Chong's civil rights.  He has not been convicted of any crime, and the reported mistreatment would seem to rise to the level of "cruel and unusual" punishment, prohibited by the Federal Constitution.  All of this is to say nothing of the potential liability of the DEA for leaving someone they took into custody in this situation.

Compensation for the victims of civil rights violations by the police should be an important concern for all Californians. When someone who has been taken into custody is unnecessarily injured or killed by the police, the governmental entity should be held accountable for all of the injuries and damages sustained.  An Orange County personal injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE
CONSULTATION.

Have you or a family member been a victim of a civil rights violation?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Colton Man Dies After Taser Incident

A 43-year-old man died on Sunday night following an altercation with police in which the man was shocked with a taser.  The subject, Hutalio Serrano, had been contacted by Colton police after a 9-1-1 called was placed, reporting a family disturbance.   According to a report by KTLA news, Serrano apparently refused to obey the officers' commands and became combative, resisting their efforts to calm him down.  During the altercation, an officer deployed his taser at least once on Serrrano without success.  It reportedly took three officers to subdue and handcuff Serrano who continued to resist even after he was restrained.  According to the news report, Serrano suffered some sort of medical emergency after being arrested and had to be transported to Loma Linda university Medical Center where he was pronounced dead a short time later.

See the KTLA news story and photographs HERE.

When an incident like the one occurs, the question of whether the amount of force used by the police was reasonable comes quickly to mind.  With a family disturbance call, officers are often thrust into violent situations.  however, the use of force used by police officers to overcome any violence directed at them must be reasonable.  'The 'reasonableness' of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.  From the description of the incident above, we simply do not know how much force was reasonable and whether deployment of a taser (perhaps multiple times) was warranted.  Beyond that,  where an officer intentionally or recklessly provokes a violent confrontation, if the provocation is an independent Fourth Amendment violation, he may be held liable for his otherwise defensive use of deadly force.  In other words, an officer may be liable for using deadly force if his own actions provoked (violence or an escalation in the violence) from the party being apprehended or arrested.

Compensation for the victims of excessive force by the police should be an important concern for all Californians. When someone being taken into custody is unnecessarily injured or killed by the police, the police department should be held accountable for all of the injuries and damages sustained. An Orange County civil rights attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of police brutality?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.