Excessive Force Cases

We get a number of calls about potential excessive force cases. However, we only are able to take on a handful of these cases each year for a number of reasons. A couple of observations we would like to share and some factors that we consider when we evaluate a case: 1. In Alabama it is very tough to pierce the veil of immunity that the State and the Counties are afforded. While the standards of immunity for municipal governments is lower it still can be difficult. 2. We generally only file excessive force cases in Federal Court.Generally, Federal Court cases are more expensive. 3. Law enforcement officials often fail to follow procedure in using force but unless there are quantified physical damages it makes it a very difficult case for us to handle and receive any sort of settlement for our clients. 4. It is very hard to have a successful case without witnesses to the action. If someone witnesses an action it is recommended that you obtain all their contact information immediately. 5. These cases take months to investigate before we can make a decision as to if a lawsuit is warranted.

Deliberate Indifference to Inmate's Serious Medical Needs

We are involved in litigation in several incidents where our clients died or were seriously injured as a result of jails "deliberate indifference to the inmate's serious medical needs".

This issue is becoming more and more prevalent throughout the State of Alabama as budget constraint affect every town, municipality and County.

Inmates are being denied the most basic medical care as well as being subjected to serious overcrowding which only exacerbates the issues at hand. We have also seen a number of instances where clients have been denied or withheld from their anti-psychotic medications. This can cause problems for not only the inmates but pose a significant threat to jail staff and other inmates.

A judge often considers the medical conditions in determining whether or not to lower bond so keep that in mind if you have a loved one or family member in jail that are pre-trial detainees. If they have already been sentenced and they face these issues they often just need someone to bring these issues to the attention of jail or prison personnel.