When an individual is in police custody, the police have a duty and responsibility to prevent injury and provide medical care if that person becomes sick or injured. Likewise, pretrial detainees in jail and convicted inmates in prison also have rights guaranteed by the U. S. Constitution. If you have suffered from illness or injury while in custody, you may have a civil rights claim under the 4th Amendment’s guarantee against unreasonable seizure or the 8th Amendment’s prohibition of cruel and unusual punishment.
Mr. Neslund has extensive experience with death in custody claims, including a $1million dollar settlement against the Illinois Department of Corrections (IDOC) medical staff for an inmate who was denied medical care and died from a severe gastrointestinal condition and a $1.5 million dollar settlement in a wrongful death case involving an arrestee’s fatal asthma attack while in police custody.