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

CGIV76

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

bravozulu

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.

AlaskaMusher

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.

Audi11

The women herself, it's her stupidity that killed her!

cathaycrew_3452

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.

*****

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

-^Chris^-

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.

charlsyeh

they can not face any charges.what was the cause of death?that has to be found before you can accuse anyone and you did not offer a cause of death.
----retired texas deputy sheriff----

wfsgymwear

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.

Journeying through Yahoo!

We will soon find out in Denver, CO...

Julzy

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.

Crys

My brother is a police officer, he had to arrest someone the other day but he had to force them to the floor as they put up a fight. The guy hit his head on the way down but seemed ok. Later on after being put in the cell, my brother received a call to say the offender had been rushed to hospital with potentially fatel head injuries and is still unconscious. If he was to die, what will happen to my brother?

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