I was arrested, stripped naked and placed in solitary. What are my legal options?

[Orpheus]

What is the name of your state (only U.S. law)? Arizona

I will go through all the details. I am a 42 year old father of two, and several weeks ago some computer software was stolen from the office where I work as a software engineer. An investigation was launched, and I was accused of stealing the items in question. This was a false accusation, and it was eventually discovered that I was not responsible, and the charges were dropped. However, I was still arrested after the accusation. I was placed in cuffs and frogmarched out of work to a police cruiser, where I was transported to jail. I was fingerprinted, had my mugshot taken, etc... And placed in a holding cell. During my consultation with the nurse, I informed here that I was taking anti-depressants for suicidal thoughts I had been having in the past. I was arrested on a Friday, so I was not able up see a judge until the weekend was over. I was then strip searched and given an inmate uniform. However, I was then immediately told that I would be put under suicide watch and was taken to what they called a "strip cell". Once inside I was forced to again strip naked, however my clothes were then taken from me. I was told that clothing was a security risk and that I would be left naked for my own safety. I was not given anything, not even a blanket or a smock. My glasses were taken, so I could not see and I was only able to converse with officers through a slot in the wall.

I was forced to sleep on a cold slab of metal with no pillow, mattress or blanket. I was not allowed to leave my cell, and all I had was a hole in the ground for a toilet. I was not given any answers as to what was going on by jail staff, and when I asked to speak to my lawyer I was told to "shut the **** up". I asked a CO for my clothes back, and I was again told to be quiet. I was also required to get up every hour and face the camera in my cell and turn around fully to make sure I did not hurt myself. That was my Friday evening. In Saturday morning, my door was opened and my hands were cuffed behind my back. I was then forced to stand with my face facing the wall, while they ensured my cell was safe and clean. I was then uncuffed, and left naked in my cell all day Saturday. On Sunday morning, two officers again entered my cell. This time I was cuffed and escorted outside of my cell, still completely naked, where I was forced to stand nude in full view of other inmates and jail personnel while the officers checked the cell. I was then thrown back into my cell, and spent the rest of the day there. On Monday morning, I was woken up and given an inmate uniform to wear for my bail hearing. I was cuffed and brought to the courthouse, where I bailed out.

This whole experience was humiliating and degrading, and I sm wondering if I have any legal options here.

 

[single317dad]

I strongly recommend you take your story to a capable civil rights attorney. Good luck.

 

[justalayman]

While speaking with an attorney wouldn't be a bad idea, if the arrest can be justified and was lawful and the concern of the suicide watch can be supported, while I agree the experience was horribly uncomfortable and humiliating the actions alone will not result in anything positive for you or negative for any of the parties that arrested you or held you in jail.

 

[Proserpina]

While speaking with an attorney wouldn't be a bad idea, if the arrest can be justified and was lawful and the concern of the suicide watch can be supported, while I agree the experience was horribly uncomfortable and humiliating the actions alone will not result in anything positive for you or negative for any of the parties that arrested you or held you in jail.

I have to agree. While it may have been utterly horrible, if there hadn't been actions intended to prevent suicide, and suicide had actually resulted, there would be hell to pay.

Nobody wins in this situation.

 

[quincy]

While I don't necessarily disagree with justalayman and Proserpina, I definitely agree with single317dad that contacting a civil rights attorney does not seem unreasonable under the circumstances you describe.

Here is a link to the ACLU of Arizona, Prisoner Rights, with contact information you might want to make use of: http://www.acluaz.org/issues/prisoner-rights

The fact that you mentioned to the nurse that you had experienced suicidal thoughts and were on antidepressants does not seem to me to justify the treatment you received. A civil rights attorney can advise you better on this.

Good luck.

 

[justalayman]

But you aren't disagreeing with me Quincy. My point was apparently a bit overlooked

IF the arrest was lawful and the suicide watch justified, the actions themselves are not uncommon and have been ruled lawful. Of course if the arrest was not lawful or the suicide watch not supported then by all means seek redress (I couldn't resist) for the treatment.

 

[Proserpina]

This is undeniably an utterly traumatic event for a person with any sort of significant mental health history to undergo (I'd go as far as saying it would be traumatic for most people with or without such a history) and it's never okay to treat someone inhumanely. But in th situation, it's hard to overlook the fact that there just isn't going to be an on-call psych service available to assess every inmate coming into every facility.

It doesn't make it "right", by any means. But it doesn't necessarily mean that the treatment rises to the level of unacceptable.

Which of course, is why the OP needs to see an attorney.

 

[quincy]

But you aren't disagreeing with me Quincy. My point was apparently a bit overlooked

IF the arrest was lawful and the suicide watch justified, the actions themselves are not uncommon and have been ruled lawful. Of course if the arrest was not lawful or the suicide watch not supported then by all means seek redress (I couldn't resist) for the treatment.

Well, I did say "I don't necessarily disagree."

I am only reluctant to say that nothing negative will come from the actions of the jail personnel without knowing more. And I mostly wanted to emphasize single317dad's point that Orpheus should speak with a civil rights attorney.

But I am glad my post led to yours because I like the "seek redress."

 

[xylene]

OP was held in this fashion for days.

Suicide resistant smocks, bedding, pillows and blankets must be provided for holds over the duration of a few hours.

If this is their procedure, then this jail's suicide watch protocol is routinely violating the rights of inmates.

 

[justalayman]

OP was held in this fashion for days.

Suicide resistant smocks, bedding, pillows and blankets must be provided for holds over the duration of a few hours.

If this is their procedure, then this jail's suicide watch protocol is routinely violating the rights of inmates.

Then so are many many other jails. The treatment described is very similar to the treatment in the jails local to me. The biggest difference is in one of them the inmate is actually strapped into a semi-reclining chair (naked)


What is your basis for your statements xylene? Do you have some enforceable statement of rights ?

 

[Mt_Vernon]

What is the name of your state (only U.S. law)? Arizona

During my consultation with the nurse, I informed here that I was taking anti-depressants for suicidal thoughts I had been having in the past.

Years ago, there was a news story about a woman named Hope Steffey. She was arrested and taken to jail. When she said something that sounded as if she had had thoughts of suicide, she was physically violated by the police. Here is the story:

http://www.tulanelink.com/tulanelink/policemisconduct_08a.htm

Apparently, you have never heard that story. Otherwise, you would not have been dumb enough to tell the police that you had suicidal thoughts.

So, I hope that Hope's story and your story serve as lessons on things that one should never reveal to the police.

 

[rebeccainak]

http://civilrights.findlaw.com/other-constitutional-rights/rights-of-inmates.html


Take a look at the link.

You may want to file a complaint with the agency or you local Ombudsmans office before consulting an attorney. PLRA requires you to exhaust all avenues for resolution before filing with the court.

I can speak for myself and my agency that we always provide suicide smocks and blankets- we are prohibited from depriving offenders of food, clothing and shelter- It's up to the offender to wear them if they want.

This is notable:

Prisoners cannot file a claim for mental or emotional injury unless they can show that they also suffered a physical injury. - See more at: http://civilrights.findlaw.com/other-constitutional-rights/rights-of-inmates.html#sthash.FRzyPHky.dpuf

 

[Gail in Georgia]

If this event happened recently, the required naked business and cell searching for those who report a history of depression with a history of suicidal thoughts MIGHT possibly be a reaction to the recent Sandra Bland incident. She reportedly hung herself in her jail cell with a plastic bag used as the garbage bag in her trash container.

Gail