Excessive Force When Cuffed Results in 2 Fractured Elbows

[anonfa]

What is the name of your state (only U.S. law)? Illinois

Hello community.

On Christmas eve I was homeless, riding a bicycle looking for a warm place to stay. An officer stopped and said I was reported for blocking traffic. I mentioned I would stay to the side and continued on my way. The officer pursued, stopped his vehicle, and knocked me off my bike.

At that time, a second officer appeared. Both brought me to the ground face first (incidentally hard enough to bruise the right side). When they cuffed me, they twisted my arms such that the backs of my hands faced each other. Their force was so excessive as to cause massive bruising along the entirety of each forearm and a fracture and a break to both elbows (as confirmed by xray).

From what I have learned, some degree of this injury will be life-long.

I have been struggling to find resources for further medical treatment and evaluation by an orthpedician, thus I have not sought legal assistance for this (beyond contacting the ACLU & Amnesty Int'l). Additionally, my financial resources are limited.

Today I learned this would most likely require upfront lawyers fees being a civil rights case vs a personal injury case.

Additionally, there are no lawyers in my area for this. Thus my question: What would be your recommended actions in my present situation? Who should I seek for further legal assistance, what can I expect, and is there help for the legal fees?

I appreciate your time..

 

[antrc170]

I suggest that you stop resisting arrest in the future to avoid injury.

(BTW, the backs of the hands are suppose to be facing when handcuffs are applied correctly with the thumbs facing up.)

 

[CdwJava]

What is the name of your state (only U.S. law)? Illinois

Hello community.

On Christmas eve I was homeless, riding a bicycle looking for a warm place to stay. An officer stopped and said I was reported for blocking traffic. I mentioned I would stay to the side and continued on my way. The officer pursued, stopped his vehicle, and knocked me off my bike.

So, you fled from the officer's detention?

At that time, a second officer appeared. Both brought me to the ground face first (incidentally hard enough to bruise the right side). When they cuffed me, they twisted my arms such that the backs of my hands faced each other. Their force was so excessive as to cause massive bruising along the entirety of each forearm and a fracture and a break to both elbows (as confirmed by xray).

Then you make a claim against the agency for compensation. If/when they reject your claim, you hire an attorney and sue them.

You can also make a personnel complaint against the officer's involved.

However, the fact that you fled from custody will play against you and may only serve to strengthen the officers' claims that you were resisting them.

Today I learned this would most likely require upfront lawyers fees being a civil rights case vs a personal injury case.

If an attorney thinks they have a good case against the agency, they would take it on a contingency fee basis because if they prevail at least they stand a good chance of being paid especially if they make it a federal case. If attorneys are not leaping at the opportunity to represent you, then it may be that the facts are not as clear cut as you might want them to be.

Continue interviewing attorneys and see what they have to say.

 

[anonfa]

Hello antrc170, thank you for your reply.

Allow me to clarify.

I did not do as you suggest. I was on the ground, both officers had their knees on my back.

They raised my arms off the ground to cuff me, putting them behind my back. When they began cuffing me, they some how twisted my arms resulting in the injury. I was offering no resistance at that point. Both officers were substantially bigger and stronger than myself, who currently weighs approx. 135 pounds. Also, that the back of my hands were facing each other is more an assumption as at the time I was very cold - and I just assumed they could not have injured me the other way.

Thanks again..

 

[anonfa]

Excessive Force When Cuffed Results in 2 Fractured Elbows - Fled

Hi CdwJava,

The officer was in his car, and I did continue riding after telling him I would stay to the side of the road.

Because of his excitement level and the lack of any other presence, when he knocked me off the bike I move backwards a few feet - and stopped when the second officer arrived (who promptly came to his side).

Thanks

 

[anonfa]

Making a claim

Also, what is your opinions of alternative dispute resolution (arbitration, mediation and ombudsmen schemes) for something like this, and what could I expect for fees?

 

[CdwJava]

Hi CdwJava,

The officer was in his car, and I did continue riding after telling him I would stay to the side of the road.

So, after he stopped you you decided to keep on going ... sorry, it doesn't work that way. The officer decides when the detention ends, not you.

Because of his excitement level and the lack of any other presence, when he knocked me off the bike I move backwards a few feet - and stopped when the second officer arrived (who promptly came to his side).

Sounds like that could be articulated as an attempt to flee or maybe even to fight. I suspect the police report will claim you resisted arrest.

About all you can do is continue to interview attorneys and see what they have to say. if you have a good case, they will leap to your side. if it is iffy, they will want money up front.

 

[anonfa]

Thank you

Thanks again CdwJava.

As for what you said about fleeing, I don't disagree.

I've interacted with many officers quite well for various things over the years, and my first reaction to his approach was a fight or flight response - something about him didn't set well with me at all. That was my reaction. And when he came at me so quickly from his vehicle knocking my bicycle down, he reinforced my reaction and caused me to move back, where I intended to continue doing so until I saw another officer. I asked if others were coming and he failed to respond.

My primary concern now is I see no reason for them to have used such force on my arms. I was on the ground, acting calmly, and there were 4 officers on the scene.. one of whom was a county sheriff. They just calmly twisted both arms nearly off - and now I might have a life long injury.

Thank you..

 

[Zigner]

Thanks again CdwJava.

As for what you said about fleeing, I don't disagree.

I've interacted with many officers quite well for various things over the years, and my first reaction to his approach was a fight or flight response - something about him didn't set well with me at all. That was my reaction. And when he came at me so quickly from his vehicle knocking my bicycle down, he reinforced my reaction and caused me to move back, where I intended to continue doing so until I saw another officer. I asked if others were coming and he failed to respond.

My primary concern now is I see no reason for them to have used such force on my arms. I was on the ground, acting calmly, and there were 4 officers on the scene.. one of whom was a county sheriff. They just calmly twisted both arms nearly off - and now I might have a life long injury.

Thank you..

I, too, suggest that you stop resisting arrest in the future to avoid injury.

 

[CdwJava]

Thanks again CdwJava.

As for what you said about fleeing, I don't disagree.

I've interacted with many officers quite well for various things over the years, and my first reaction to his approach was a fight or flight response - something about him didn't set well with me at all. That was my reaction. And when he came at me so quickly from his vehicle knocking my bicycle down, he reinforced my reaction and caused me to move back, where I intended to continue doing so until I saw another officer. I asked if others were coming and he failed to respond.

My primary concern now is I see no reason for them to have used such force on my arms. I was on the ground, acting calmly, and there were 4 officers on the scene.. one of whom was a county sheriff. They just calmly twisted both arms nearly off - and now I might have a life long injury.

Thank you..

Well, you can always start with a personnel complaint and see where that goes. And keep interviewing attorneys.

Were you convicted of resisting arrest or in any way resisting the officers? if so, that further diminishes your claims of abuse and strengthens any claim of reasonable force.

 

[anonfa]

Was I convicted of resisting..

They wrote a ticket for no headlight on a bicycle and obstruction. They appear to have disposed of the obstruction ticket, however, as there is no court record of it.

They also brought me to the station to take my information (they cuffed me to a bench & asked if I was injured - to which I replied I believed my elbow was dislocated. They didn't respond).

 

[Zigner]

I don't care if you were convicted or even cited for resisting. You resisted...plain and simple. THAT is the cause of your injuries.

 

[anonfa]

I don't care if you were convicted or even cited for resisting. You resisted...plain and simple. THAT is the cause of your injuries.

Zigner - I don't feel police should be using enough force to cause nearly permanent injury when a person is otherwise very calm - regardless rationalization. That is the definition of excessive force.

Do you?

 

[anonfa]

Tryingtowin - He did ask for my ID and I continued riding, telling him I would stay to the side.

 

[CdwJava]

It did not sound like the officer was attempting to arrest or cite the OP with the first contact; just from the information provided here. And if not, the knocking off the bike would not have been warranted.

The officer stopped the OP and pointed out his problem. If the officer stopped the OP then it was a detention and the detention does not end until the officer says it ends.

When the OP rode away, he was fleeing the detention. The officer could have chosen to just ignore it, or, as it appears, he decided that the detention was NOT concluded and chased after him finally stopping and getting out of the car. Whether he accidentally knocked him off the bike or that happened as a result of the officer's attempt to stop the OP's flight we cannot say.

Every time an officer speaks is not a detention ... the officer must be clear in his communication.

We don't know that he wasn't. The OP could also have asked if he was free to go.

The totality of the circumstances would play into any equation as to whether reasonable force was used. Even if it inflicts injury, the level of force can still be deemed reasonable. However, there appears no mechanism to get this before a court at this point, and since the OP has not even made a complaint to the agency, it is impossible to say whether even the agency will see the force as reasonable or not.

So, did the officer state that you are not to move or other words that would have indicated that you were not free to go?

Tryingtowin - He did ask for my ID as I was riding and I continued riding, telling him I would stay to the side.

I think that clearly indicates a detention. Fleeing a detention is never a good idea and can be charged as a crime.