Law enforcement authorities owe a certain duty of care to suspects, detainees, defendants, and prisoners--even when they are behind bars. When failure to follow procedures or provide protection, monitoring, or the necessary medical care leads to injuries or death, the victim and his/her family may have grounds for an Orange County, California injury case.
Last week, the family of William Robert Wedgeworth filed four Newport Beach wrongful death claims against the local police. Wedgeworth used bedsheets to hang himself while in the city jail after he was arrested on suspicion of spousal battery last summer.
The family, however, contends that Newport Beach police were called to their home not for a domestic violence call but because Wedgeworth, who suffered from bipolar disorder, had a "manic episode." They say that the police had been to the Wedgeworth home in the past and were well aware that he had a mental illness. In their legal claims, they say that the decision to put the 43-year-old man in a jail cell was "reckless."
California Wrongful Death
The state's wrongful death statute lets family members sue for damages. However, when a city is the likely defendant, a claim notifying about the intent to file a lawsuit must be submitted first. Only certain family members--surviving spouse, children, dependent minors and stepchildren--can file an Orange County, California wrongful death claim. If none of these family members exist, then the deceased's parents and then the siblings or children of the siblings that have died can file a claim. If there are no living parents, then brothers, sisters, nieces, and nephews or (if there are none) then grandparents or, if none, then children of a spouse that has died or, if none, then next of kin can file.
Family seeks $34 million after man's jail death, OC Register, January 27, 2011
Related Web Resources:
Newport Beach Police Department
