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is there a lawsuit here ?

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on oct 26th around 11:40 an intruder entered our home with a gun my brother ended up fighting him , i was in garage and when i entered his room my brother was on the floor out cold , as i held the intruder down i asked my nephew to see if my brother was breathing he said yes and he had a pulse the police came in not 60 seconds later , they took me and the robber outside , cuffed me and put me in back of police car where i remained for 3 hours. the robber who had been stabbed several times by my mother was taken across the street right next to the car i was in. the paramedice were exiting there truck and the officer told them to take the robber , never telling them about my brother , i had told the police before they took me out of house that this is the robber and thats my brother on floor and i believed he was having a heart attack , the second ambulance had pulled up in ally maybe 5 mins later , but waas not allowed in house for over 40 mins in which time my brother had stop getting air to his brain for over 15 mins , the paramedics got his heart going when allowed to enter house , the doctors told us he survived the heart attack , but was brain dead from the lack of air to his brain , he survived 3 weeks on machines then 2 days without machine assistance then passed away , the police took away any chance my brother had to survive by not letting the 1st or second paramedics in to him in a timely fashion. my family and i were cuffed and kept in police cars for 3 hours not telling or asking us anything. i want to know why they did these things ? i believe they took away my brothers chance at surviving this . the time line is documented , police arrive at home invasion call at 11:55 pm , the intruder reaches hospital at 12:05 am the intruder exited house on his feet talking , was never cuffed ? my brother reached hospital at 12:55 am , he was out cold on floor when police arrived , we are 1 min from hospital not 2 miles away ? my family was placed in police cars for 3 hours as they went thru our house ? then simply let us go saying sorry ? my brother died from being brain dead from being over 15 mins without air to his brain , what were the police doing why take 50 more mins to get my brother to hospital then it did the intruder , the doctors were clear in saying he survived the heart attack , it was his brain that died then him ! and that 15 mins came after the police entereed our home ? is there a case against the police here ? is there a case against the police here ?
 


quincy

Senior Member
Your family potentially has a wrongful death claim to pursue. You should speak to an attorney in your area to discuss the circumstances surrounding your brother’s death.

I am so sorry for your loss.
 

HighwayMan

Super Secret Senior Member
In situations like this the course of events is rarely as cut and dried as they appear to non-police personnel, and it's also likely that the time periods involved were much shorter than you perceived them to be. It certainly can't hurt to consult with an attorney and I would suggest that you do so, but be aware that there is a good chance that there were valid reasons for the police to act as they did and you may not be very happy with the ultimate outcome.
 

LdiJ

Senior Member
In situations like this the course of events is rarely as cut and dried as they appear to non-police personnel, and it's also likely that the time periods involved were much shorter than you perceived them to be. It certainly can't hurt to consult with an attorney and I would suggest that you do so, but be aware that there is a good chance that there were valid reasons for the police to act as they did and you may not be very happy with the ultimate outcome.
He said that the police arrived at 11:55, that the intruder reached the hospital at 12:05 and that his brother did not reach the hospital until 12:55. All because the police didn't allow the personnel from the second ambulance into the house for 40 minutes. Unless the police were assuming that his brother was dead, that is pretty bad. Heck, if they assumed the brother was dead without checking his vitals that was equally as bad.
 
He said that the police arrived at 11:55, that the intruder reached the hospital at 12:05 and that his brother did not reach the hospital until 12:55. All because the police didn't allow the personnel from the second ambulance into the house for 40 minutes. Unless the police were assuming that his brother was dead, that is pretty bad. Heck, if they assumed the brother was dead without checking his vitals that was equally as bad.
the time line i have on reports from 911 , paramedic and hospital records and police report
 
alsothereis evidence the body was moved 3 times during this 40 mins , i left him in his bedroom , this a small house , 1 level 3 bedrooms 1 bathroom
his clothes were cut off him im the living room , the shots in his heart were in the kitchen , the ones that revived him the paramedics gave him after they were allowed in house , ok moved 2 times , but nothing makes sense in any of this , during my written statement days later , i asked about all of this the detective told me they had to clear the house before letting medical in , and said officers said they were giving cpr whole time ? for 40 mins they giving cpr when theres professionals waiting not 50 feet away ? thats no small feat ? but doctors said had they even done just chest compressions the heart would ofnot gone 15 mins without air ? is this not on the police ? did they not take my brothers chance of survival and seriously compromise it ?
 

quincy

Senior Member
There have been incidents in the past where the police have mistaken the victims of the crimes for the perpetrators of the crimes. Some of these “mistakes” might be understandable considering the chaos of the moments. Others are not so understandable.

I think you have outlined facts that are worth reviewing with an attorney in your area. It appears that the police erred in not quickly getting medical attention to your brother.

Again, I am sorry for the loss of your brother.
 
E

Edgar 1776

Guest
sorry for the loss of your brother and for the tragedy that you and your family went through.
In my opinion, its going to be difficult to prove that the police acted negligently under the circumstances. A crime scene like that sounds extremely confusing and the actions the Police took may be considered reasonable under the circumstances. Hopefully your family receives justice for this horrible crime.
 

quincy

Senior Member
sorry for the loss of your brother and for the tragedy that you and your family went through.
In my opinion, its going to be difficult to prove that the police acted negligently under the circumstances. A crime scene like that sounds extremely confusing and the actions the Police took may be considered reasonable under the circumstances. Hopefully your family receives justice for this horrible crime.
A personal review of all facts of the incident by an attorney well-versed in wrongful death claims can be important.

Initial consultations are (in most cases) offered free of charge.

The circumstances described here are certainly worth the review.
 

Just Blue

Senior Member
sorry for the loss of your brother and for the tragedy that you and your family went through.
In my opinion, its going to be difficult to prove that the police acted negligently under the circumstances. A crime scene like that sounds extremely confusing and the actions the Police took may be considered reasonable under the circumstances. Hopefully your family receives justice for this horrible crime.
I'm curious...What is the basis for your opinion? Are you in law enforcement or an attorney?
 
E

Edgar 1776

Guest
quincy is correct , the person in this case, along with anyone who feels that he/she has been harmed should talk to a licensed attorney in their state for legal advice, and no one else. That is always a given.. and I'm not in law enforcement
My comments are general thoughts. The police are generally held to the standard of care as a reasonable prudent police officer would do under the same or similar circumstances. A confusing crime scene with multiple injuries and several people present sounds like a hard thing to sort out. As the police arrive to a crime scene they have to figure out who the defendant is without knowing what has happened, asses other dangers in the area, decide who is injured and to what extent, make the scene safe for emergency personnel, assess potential defendants or unknown threats in the area, and deal with bystanders and people walking up.
Having an attorney look into this situation and getting more details is a good idea, and there may be a case to be made.
However, the actions the police took could be reasonable under the circumstances and i would not automatically assign fault.
 

quincy

Senior Member
quincy is correct , the person in this case, along with anyone who feels that he/she has been harmed should talk to a licensed attorney in their state for legal advice, and no one else. That is always a given.. and I'm not in law enforcement
My comments are general thoughts. The police are generally held to the standard of care as a reasonable prudent police officer would do under the same or similar circumstances. A confusing crime scene with multiple injuries and several people present sounds like a hard thing to sort out. As the police arrive to a crime scene they have to figure out who the defendant is without knowing what has happened, asses other dangers in the area, decide who is injured and to what extent, make the scene safe for emergency personnel, assess potential defendants or unknown threats in the area, and deal with bystanders and people walking up.
Having an attorney look into this situation and getting more details is a good idea, and there may be a case to be made.
However, the actions the police took could be reasonable under the circumstances and i would not automatically assign fault.
I agree that we do not know enough to say if the police actions were reasonable under the circumstances.
 

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