Was I Illegally arrested, and Jailed???

[heathmalc]

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

On August 20th, 2009 I overdosed on some of my prescription medication (Kalonapin).

My wife called 911, and the Sheriff's department and EMT arrived at my house. I do not recall any of this, or anything that happened over the next 24 (approx.) hours, so I am giving information as it was told to me by my wife, and the police dept....

I was not cooperative with the Sheriff's dept or EMT, and was wrestled to the ground, and eventually taken to the hospital after I had calmed down, and was allowed to smoke a cigarette.

Once at the hospital, I was taken to ICU, where I was again uncooperative, and eventually left the hospital. The hospital staff called the city police, and told them that I had left and what had happened. The P.D. caught me walking down the street, and attempted to have me go with them to the hospital... I was again uncooperative, and was wrestled to the ground, during which time my ankle was broke and I received multiple lacerations, and eventually was taken back to the hospital, where my clothes were cut off me, and I was injected with detox medications,etc.

After the hospital was finished with me, the Police took me to jail, and I was charged with a Class-A misdemeanor "Resisting Law-enforcement" IC 35-44-3-3(a) IC 35-44-3-3*

* Resisting law enforcement
* Sec. 3. (a) A person who knowingly or intentionally:
(1) forcibly resists, obstructs, or interferes with a law
enforcement officer or a person assisting the officer while the officer
is lawfully engaged in the execution of the officer's duties;
(2) forcibly resists, obstructs, or interferes with the
authorized service or execution of a civil or criminal process or order
of a court; or
(3) flees from a law enforcement officer after the officer has,
by visible or audible means, including operation of the law enforcement
officer's siren or emergency lights, identified himself or herself and
ordered the person to stop;
commits resisting law enforcement, a Class A misdemeanor

Once taken to the jail, I was put in a rubber-room, and in a straight-jacket (referred to as a "turtle suit" locally). I stayed in the rubber-room until after my hearing, where I was given a $5,000 cash-only bond, and was ordered by the court to goto a psychiatric hospital for evaluation.

I was taken to Clark Memorial later that day, and remained there for 6 days. I was diagnosed with Major depression, antisocial d/o, and Bi-polar d/o.

I was then returned to the jail, where I remained until 9/14, when my bond was reduced to $500.

I have a few questions, but the major one is whether or not this was an illegal arrest and jailing? The law clearly states that I had to "knowingly" or "intentionally" resist or obstruct law enforcement. I obviously couldn't "knowingly" or "intentionally" do anything, as I was not in my right state of mind, as was made obvious by the fact that the hospital informed the police that I had O.D'd and the fact that the court itself had me sent for an EVAL, which came back to them as positive.

In addition to what I have already mentioned, I had ripped-up part of the flooring in the padded cell and cut my wrist with the shards I loosened from the floor. After doing this, I was chained to some black chair, inside the padded cell. During this time, I had to use the bathroom, and called for officers, but was ignored. I urinated on myself, and was forced to sit in my urine for 2+ hours, until 2 officers finally came when other inmates started yelling for me to get the guards' attention.

This would seem to be cruel and unusual punishment, and a violation of my civil rights, not to mention that I should never have been in jail, as I had never broke any law.

During the almost 1 month I was in jail, my wife lost her job, as she had nobody to watch our 4-year old...and since no money was coming into the house, all of our bills are now close to being turned off, not to mention our mortgage payment is now 1 month behind, and we are in jeopardy of losing our house altogether.

I need to know if I am right, as I am wanting to file a lawsuit against the city, county, the city police, the Sheriff's department, and the state of Indiana.

Any information would be much appreciated, and if you are an attorney who is interested in representing me and my family in this litigation, please contact me.

Thank You for your time and assistance.

Sincerely,

Heath

 

[Ozark_Sophist]

The arrest was legal was legal. Law enforcement can't ignore the actions of someone even if they are not knowingly or intentionally resisting.

The situation in jail may be cause for concern, but from your description, you could also face charges for destruction of public property.

 

[JETX]

I have a few questions, but the major one is whether or not this was an illegal arrest and jailing?

There is nothing in your post to even suggest that it was illegal.

The law clearly states that I had to "knowingly" or "intentionally" resist or obstruct law enforcement. I obviously couldn't "knowingly" or "intentionally" do anything, as I was not in my right state of mind, as was made obvious by the fact that the hospital informed the police that I had O.D'd and the fact that the court itself had me sent for an EVAL, which came back to them as positive.

Those issues are possible defenses to be considered by your attorney. You do have one, don't you?? If not, get one.

This would seem to be cruel and unusual punishment, and a violation of my civil rights, not to mention that I should never have been in jail, as I had never broke any law.

Not even in the slightest.

During the almost 1 month I was in jail, my wife lost her job, as she had nobody to watch our 4-year old...and since no money was coming into the house, all of our bills are now close to being turned off, not to mention our mortgage payment is now 1 month behind, and we are in jeopardy of losing our house altogether.

Not relevant.

I need to know if I am right, as I am wanting to file a lawsuit against the city, county, the city police, the Sheriff's department, and the state of Indiana.

First, you are NOT 'right'. Second, there is no chance at all of success on such a lawsuit.

Any information would be much appreciated, and if you are an attorney who is interested in representing me and my family in this litigation, please contact me.

Go to Find Attorneys & Lawyers - AttorneyPages.com Attorney Directory

 

[Banned_Princess]

And you are lucky they didn't tazer you.

What, do you think the cops were supposto just let you fight them?

Doesn't work for drunk people or people on drugs, it wont work for you, who was on drugs.

And one last time, Being on drugs is no excuse to fight the police or tear up police property.

And finally, don't you think that even if the police arrested you in error, the judge in arraignment would have dropped the charges and let you go? I do.

He set a really high bond, and held you for a month. The charge and arrest were good

 

[heathmalc]

I see that one of the things I forgot to mention was that the overdose was an accident. My medications were put in a daily medication distribution thing (mon,tues,weds,thurs,etc) My meds were not distributed properly, and that is how the OD occurred. My wife is the one who put my meds in the med-taker for me, which is why she knew of the OD, and was able to explain this to the Sheriff dept & EMT when she originally called.

The analogy that many of you used (a drunk driver, or publicly intoxicated person) as an example of why I cannot use the OD as a defense....is not relevant in my situation, as I have to take my medications, whereas a person drinking alcohol drinks by choice.

Further, the person who said that it was not cruel and unusual punishment to have a person sit in their urine for a couple hours.... that is wrong. I just got finished speaking with a lady that is on the American civil liberties union, and she said that it was /is clearly a violation of my rights, as the guards should have had someone superving me at all times, especially since I am epileptic, and had I had a seizure while chained to their chair, I could easily have died.....something I hadn't even considered.

Yes, I do have an attorney for my criminal case...I am not even slightly worried about being found guilty of the crime I was charged with... rather, I am more interested in why any charge was given to begin with, as there is no law that says that I "must" take treatment at a hospital, and there is also no law that gives a police officer supreme power to just arrest people for no reason. I was not stumbling all over the road...I was walking down a sidewalk. I was not bothering anyone, or breaking any law....thus I was not under any obligation to go with the officers. According to the police officer's log, I was cooperative until the arresting officer tried to make me get in his car to goto the hospital.

Although I am still interested in any help anyone has to offer me, I believe that I have an agreement with the ACLU to take my case on a contingency-basis. I will discuss with my wife what to do from here, and which attorney to accept to represent us.

Thank you to everyone for your help.

 

[Zigner]

I'd like to point out that not remembering something doesn't mean it wasn't intentional.

 

[xylene]

if you have evidence that police used restraint as a punishment, not to prevent self harm or injury to others, you may have a case.

the incident with the urination is very troubling.

Police and correctional officers HAVE WILLFULLY created situations where an inmate is forced to urinate or defecate on themselves as a method to shame or otherwise punish unruly inmates. That is not lawful.

BUT - the fact that you peed your pants is not alone enough.

 

[Mass_Shyster]

I see that one of the things I forgot to mention was that the overdose was an accident.

especially since I am epileptic, and had I had a seizure while chained to their chair

Anything else you left out before the guessing game continues?

 

[Banned_Princess]

If you didn't want to be treated at the hospital, and in well enough condition to fight cops, why did your wife call 911?

 

[BOR]

* Resisting law enforcement
* Sec. 3. (a) A person who knowingly or intentionally:
(1) forcibly resists, obstructs, or interferes with a law
enforcement officer or a person assisting the officer while the officer
is lawfully engaged in the execution of the officer's duties;
(2) forcibly resists, obstructs, or interferes with the
authorized service or execution of a civil or criminal process or order
of a court; or
(3) flees from a law enforcement officer after the officer has,
by visible or audible means, including operation of the law enforcement
officer's siren or emergency lights, identified himself or herself and
ordered the person to stop;
commits resisting law enforcement, a Class A misdemeanor

Here are IN's culpable mental state defintions. IF you believe you have been charged outside the scope, your attorney can advise. Be advised though, as stated, intoxication is not a defense, nor is being on meds. It may lessen the culpability, but again that is for your attorney to decipher.


Also be advised the police only need "probable cause" to charge a crime, not proof beyond a reasonable doubt. If they had PC to believe you had committed the crime, as codfiied, they can. The case law annotations on that section you were charged with may hold some answers, that is for attorney to work out.


IC 35-41-2-2
Culpability
Sec. 2. (a) A person engages in conduct "intentionally" if, when he engages in the conduct, it is his conscious objective to do so.
(b) A person engages in conduct "knowingly" if, when he engages in the conduct, he is aware of a high probability that he is doing so.
(c) A person engages in conduct "recklessly" if he engages in the conduct in plain, conscious, and unjustifiable disregard of harm that might result and the disregard involves a substantial deviation from acceptable standards of conduct.
(d) Unless the statute defining the offense provides otherwise, if a kind of culpability is required for commission of an offense, it is required with respect to every material element of the prohibited conduct.

 

[Kane]

Heath, you're asking two different questions. One is whether you committed a crime; the other is whether you'll be able to collect a civil judgment from the police, or whoever, because of how you were treated.

The two issues are related, but independent. It's possible to be guilty of a crime, but still entitled to compensation. It's also possible to be innocently accused, but to be entitled to nothing.

In my opinion, you're not guilty, but that doesn't necessarily mean you're going to get any money.

A competent adult has the right to refuse medical treatment. If you were forcibly taken to the hospital, it must have been because they believed you were not in your right mind - which you obviously weren't.

One of the most basic elements of criminal justice is that to convict someone of a crime, the state must show not just that someone did something, but that they knew what they were doing.

The fact the police dragged you to the hospital is at least some evidence they didn't think you knew what you were doing.

They must decide whether they were dragging you to the hospital because you didn't know what you were doing, or dragging you to jail because you did. They can't have it both ways.

As a practical matter, nothing anybody says here means anything in terms of what happens in your case.

You've been charged with a crime, and you need a good defense attorney. The fact that you are - or may be proven to be - innocent doesn't mean you don't need a lawyer, or that your lawyer has to work for free.

If you win your criminal case, the best you can hope for is nothing - that no other bad things will happen to you. If you want more than nothing, you will have to file a completely different case in a completely different court, quite possibly with a completely different lawyer.

If you want to do it, you really need to talk to somebody who specializes in suing people. It's free, but that doesn't mean they'll take your case.

I can, however, identify at least one bad fact in a civil lawsuit, which is that the people you're trying to sue quite possibly saved your life.

 

[heathmalc]

Anything else you left out before the guessing game continues?

My intention was to try any give a summary of my situation, not to deliberately leave things out. As I said in a previous post, I appreciate any advice and assistance, however, if you feel that this is some sort of game, then I'd appreciate it if you'd just ignore my post/questions altogether; Thank you.

If you didn't want to be treated at the hospital, and in well enough condition to fight cops, why did your wife call 911?

She was afraid that she may have killed me(by messing up my medication). I take other medications in addition to the one that was OD'd on.... 4 others.

Heath, you're asking two different questions. One is whether you committed a crime; the other is whether you'll be able to collect a civil judgment from the police, or whoever, because of how you were treated.

The two issues are related, but independent. It's possible to be guilty of a crime, but still entitled to compensation. It's also possible to be innocently accused, but to be entitled to nothing.

In my opinion, you're not guilty, but that doesn't necessarily mean you're going to get any money.

A competent adult has the right to refuse medical treatment. If you were forcibly taken to the hospital, it must have been because they believed you were not in your right mind - which you obviously weren't.

One of the most basic elements of criminal justice is that to convict someone of a crime, the state must show not just that someone did something, but that they knew what they were doing.

The fact the police dragged you to the hospital is at least some evidence they didn't think you knew what you were doing.

They must decide whether they were dragging you to the hospital because you didn't know what you were doing, or dragging you to jail because you did. They can't have it both ways.

As a practical matter, nothing anybody says here means anything in terms of what happens in your case.

You've been charged with a crime, and you need a good defense attorney. The fact that you are - or may be proven to be - innocent doesn't mean you don't need a lawyer, or that your lawyer has to work for free.

If you win your criminal case, the best you can hope for is nothing - that no other bad things will happen to you. If you want more than nothing, you will have to file a completely different case in a completely different court, quite possibly with a completely different lawyer.

If you want to do it, you really need to talk to somebody who specializes in suing people. It's free, but that doesn't mean they'll take your case.

I can, however, identify at least one bad fact in a civil lawsuit, which is that the people you're trying to sue quite possibly saved your life.

You bring up the exact reasoning of why I think I may have a lawsuit....

As you said, a competent adult has the right to refuse medical treatment...which I obviously wasn't... So them taking me to the hospital is understandable. However, charging me with a crime, was not. According to Indiana law, I was not responsible for my actions. The police officer knew this: The hospital called him/them and told them the situation (About the OD), and with this information, and the fact that he knows the law, and knew I was not responsible, no charge should ever have been filed. The purpose of the charge "Resisting Law enforcement", was meant for people who had possibly committed a crime, and then while being investigated by an officer on whether or not a crime may have been committed, ran from the scene of the possible crime.

I never ran anywhere, and I was never under any suspicion of committing any crime. The entire alleged "crime" was me resisting law enforcement.... however, I never resisted "law enforcement", as there was never no law that needed to be enforced. The police had been called because the hospital was afraid that the medications in my system may ultimately kill me, and they wanted to ensure that the drugs were out of my system.

----------------------------------------------------

Somebody mentioned that the police may have saved my life. To an extent I agree with this. I think the hospital saved my life, and the officers who came and got me obviously contributed to that life-saving. This is why I have not complained about the broken ankle, or the bruises that are all over my body; including my head. However, filing a false charge did not help save my life... in-fact, it made my life worse, as now my son and wife (as well as myself) may very well lose our home... all because an officer falsely arrested me.

-----------------------------------------------------

I will keep everyone updated on what happens concerning this case, both the legal side and the civil side.

Thanks.

 

[Alex23]

Maybe you could sue your wife?

I think you should start managing your own meds.