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*
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
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*
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.* 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
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