California In-Custody Death and Injury Attorneys

Police brutality happens every day throughout different parts of the country, California included. These instances of abuse of power don’t just happen in the public eye or on residential properties but can also happen after a civilian has been taken into custody.

With recent cases of in-custody deaths and injuries happening in the state, what are the rights of detained individuals who were injured due to unreasonable or excessive use of force? California in-custody death and injury attorneys from BD&J can help.

Key Takeaways

In-custody injuries and death can happen when a civilian is physically assaulted, unlawfully restrained, denied basic necessities, and even placed in unsafe conditions while detained
Use of excessive or deadly force by arresting officers and jail officers can lead to severe injuries for jailed civilians
It’s estimated that the United States sees an average of 750,000 civilians going through police threats or use of force, resulting in 80,000 non-fatal injuries and 800 deaths yearly (UIC)
The California in-custody injury and death attorneys from BD&J can help in the wake of abuse of power and rights violations causing injuries

What Counts as Police Brutality While in Jail?

While under police custody, some of the most common uses of force that count as police brutality include:

Excessive tasering or use of pepper spray
Being physically punched, kicked, or assaulted while in handcuffs
Being placed in a chokehold
Being falsely imprisoned
Sexual assault
Excessive or deadly use of force

Call 855-906-3699 to connect with BD&J California in-custody death or injury attorneys.

Aren’t Jail Officers Trained to Handle Jailed Civilians?

It’s important to understand that jail officers are distinctly different from police officers for a number of reasons.

Jail officers are typically not sworn police officers.
Jail officers are civilians who receive some mental health training to handle inmates.
A jail officer works in short-term facilities and helps in the booking process, fingerprinting, supervising meals and inmates in their cells, and maintaining order.
Jail officers typically are unarmed, but may carry batons, pepper spray, and tasers.

While a jail officer can be trained in jail operations, this doesn’t mean there won’t be slip-ups in care or even intentional misconduct on their part.

Common Injuries While in Custody

Some of the most common injuries seen while in police custody include:

Broken bones
Brain injuries
Soft tissue injuries
Lacerations
Organ damage
Spine injuries
Catastrophic injuries
Wrongful death

What Do I Do if My Loved One Passed Away While in Jail?

If your loved one passed away while in police custody, we are so sorry for that untimely and devastating loss. While there is absolutely no price you can put on the life of a loved one, filing a wrongful death claim in California can help hold those responsible accountable and recover medical and funeral expenses.

In-Custody Injury or Death Data in California

According to recent data in California:

A recent San Francisco jail inmate survey taken by 500 inmates showed that about 1/3 of these inmates were seriously injured in San Francisco jails, with a portion of these injuries stemming from physical altercations with Sheriff’s Office deputies (KQED)
In 2025, 633 civilians in California were involved in incidents with law enforcement that involved the discharge of a firearm or use of force resulting in serious bodily injury or death (Office of Attorney General)
In 2024, there were 409 deaths among incarcerated people in California, with drug overdoses and homicide being among the top 4 causes of death (CCHCS)
There have been about 225 deaths in California jails each year (CalMatters)

Use of force, lack of medical care, and other forms of brutality can lead to serious consequences for vulnerable civilians.

Call now to speak with a BD&J attorney if you or your loved one suffered grave injuries while in police custody.

Do I Have a Claim for Lack of Basic Necessities or Having Necessities Withheld While Detained?

The lack of certain needs like food and water can be the basis for a legal claim, since jails have the duty to grant access to food, water, and medical care to inmates.

Don’t Inmates Have Rights?

Absolutely, inmates have the same rights that any other civilian has. These rights include:

The Eighth Amendment

Under the Constitution, no person held in jail custody will be subjected to cruel and unusual punishment, which could include inhumane treatment, use of excessive force, and lack of or inadequate medical care.

The Fourteenth Amendment

All people residing in the United States have the right to life, liberty, and fair due process.

Cal. Code Regs. Tit.22, § 79799- Inmate-Patients’ Rights

Under this code, inmates have the right to

Be informed of medical resources available in jail
Be fully informed by their physician of their condition and be able to discuss treatments and procedures
Be treated with respect, consideration, and recognition of individuality, including privacy in treatment and in care of personal needs, when not in conflict with security and custodial policies
Be free from mental and physical abuse
Be free of discrimination based off sex, religion, race, sexual orientation, disability, and more

How Can a California In-Custody Death and Injury Attorney Help My Case?

If you or a loved one were hurt while in police custody, whether that be the process of being booked or while in jail, you may be eligible to file a claim for compensation. Talking with a California in-custody death and injury attorney can help you begin the process.

Filing a claim against government agencies in California isn’t impossible, but it can be complex, require extensive knowledge of the regulations and the process, and also take a lot of special attention and resources.

This is where an attorney often comes in. BD&J police brutality attorneys are ready to help you fight for justice and hold the right agencies accountable. From filing a claim, gathering evidence, speaking to expert witnesses, and negotiating a fair settlement, BD&J will be right beside you every step of the way.

3 Ways You May Have a Civil Claim

You may have a civil claim against a police department or jail if:

Your civil rights were violated.
Established laws were broken by an employee of the agency, with prior court cases to support this.
An employee of either establishment performed an act of malicious misconduct knowing they were violating your rights.

How To Prove Negligence and Brutality While Detained

Start collecting evidence about any incident of negligence and brutality that resulted in your injuries with the following:

Seek immediate medical attention. – Don’t delay medical treatment and exercise your rights even while detained to use the medical resources available to you.
File a report to document the incident. – Filing a report within the facility and with other overseeing parties (such as the Office of the Inspector General) can create a paper trail to support your claim.
Speak to an attorney. – Speaking to an in-custody death or injury attorney in California will help you learn about the next steps to take in your case.

BD&J in-custody death or injury attorneys in California are just a call away. Or complete our online form to connect with a team member now!

Frequently Asked Questions

What if the Jail I’m In Denies My Injuries?

This may happen, but having strong evidence and documentation will help prove your story. Talk with a BD&J attorney as soon as possible to start working on your claim.

Can I Still File a Claim if Symptoms from My Injuries Took Weeks to Appear?

Yes, but it’s best to act as soon as possible. Unlike other personal injury claims, you only have 6 months to present a claim against a California government agency.

Could I Have a Civil Claim if Another Inmate Harmed Me?

If you were in extremely unsafe conditions or were harmed due to jail officer misconduct or neglect, you may have a claim. Speaking to an attorney can help you learn more.

What if I Was Injured in an ICE Detention Center?

Physical assault, verbal abuse, sexual abuse, and being denied access to basic necessities in an ICE detention center could be grounds for a claim. A California ICE injury attorney could provide you with more insight.

Could I File a Personal Injury Claim if I Don’t Have Papers?

Absolutely. The Constitution provides all people living in the country with rights, regardless of immigration status.

Your immigration status does not have to be shared with anyone besides your lawyer, can’t be produced as evidence in a claim, and is protected through attorney-client privilege.

How Long Will My Claim Take to Settle?

This can definitely depend on the individual circumstances of the claim. Some claims take months, while others can take up to a year or more.

Can I File a Claim for a Loved One if They Can’t?

Yes, but you must establish legal standing. Unless you are a parent or guardian filing on behalf of a minor, you will have to establish legal authority over another loved one who may be incapacitated or deceased.

It’s recommended that you gather all evidence pertaining to the claim, including establishing your relationship with the plaintiff, and speak to an attorney as soon as possible.

Who Can File a Wrongful Death Claim in California?

A spouse or domestic partner, children (including stepchildren and adopted), and any minor financially dependent on the deceased can file a claim. If the deceased did not have a partner or children; parents, grandparents, siblings, and nieces and nephews can file a claim.

What is Qualified Immunity?

Qualified immunity is a legal doctrine that protects police officers and other state or federal agents from being sued if they were completing duties within a reasonable scope of their job.

This doctrine is not meant to shield these agents from facing accountability for violating the rights of other civilians.

How Do I Find the Best California Jail Injury Attorney in My Area?

Looking at law directories, learning about a firm’s case results and client testimonials, as well as taking the opportunity of a free consultation to connect with attorneys can put your mind at ease when choosing a lawyer to work with.

Do I Have to Pay Upfront to Work with BD&J?

Not at all. We work on a contingency fee basis, which means all case costs are advanced to you, and final attorney fees are deducted from the compensation amount after a case has settled. This means no upfront fees for you, and no fees until we win*.