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Thread: Lawyer referral needed - APD Bernard-ish arrest

  1. #1
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    Lawyer referral needed - APD Bernard-ish arrest

    Here's what I know about the case: last week, during SXSW, a friend was riding his bike down South Congress, coming from a bar. Next thing he knows, he's in jail with a broken collarbone, several broken ribs and a concussion. Cops said he'd been hit by a motorist, but instead of taking him to the hospital they arrested him for resisting arrest. Says he can't remember anything about it because of the concussion; but he asked for medical attention several times over the next 24 hours that he was in jail before being bailed out, and was refused, even though his lung was collapsing from the broken ribs.

    He wants to sue APD. Anybody know a lawyer who would be a good fit for this case? PM me. Thanks.

  2. #2
    NAACP National Champ Snacks might be a clever chap. or know the right people. know what i mean, nudge nudge? Snacks might be a clever chap. or know the right people. know what i mean, nudge nudge? Snacks might be a clever chap. or know the right people. know what i mean, nudge nudge? Snacks might be a clever chap. or know the right people. know what i mean, nudge nudge? Snacks might be a clever chap. or know the right people. know what i mean, nudge nudge? Snacks might be a clever chap. or know the right people. know what i mean, nudge nudge? Snacks might be a clever chap. or know the right people. know what i mean, nudge nudge? Snacks might be a clever chap. or know the right people. know what i mean, nudge nudge? Snacks might be a clever chap. or know the right people. know what i mean, nudge nudge? Snacks might be a clever chap. or know the right people. know what i mean, nudge nudge? Snacks might be a clever chap. or know the right people. know what i mean, nudge nudge? Snacks's Avatar
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    subscribed... (not really, because i don't know how to subscribed)

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    Something doesnt seem right, I thought all law enforcement groups were now required to take a prisoner to a medical wing or hospital the moment they say they have an injury - specifically because they got sued for folks having major injuries/death that could have been prevented if they went to a Doctor because the Officeers thought they were faking.

    I realize he didnt go to the hospital until after he got let out- did the doctor confirm he had a concussion?

    and did the "motorist" that hit him stop and render aid- or was it a hit and run?

    if the motorist was ticketed/ arrested/ questioned/ anything you should check to see if their insurance company has any information

    of course, dont tell them that he cant remember anything- they will automatically say he was at fault if thats the case.

  4. #4
    yeah definitely more to the story.

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    Quote Originally Posted by HoosierHorn View Post
    subscribed... (not really, because i don't know how to subscribed)
    [Doesn't know if you're kidding, or even care, but just in case]Look at the grey bar above first post... Thread Tools - Subscribe to this Thread...[/Doesn't know if you're kidding, or even care, but just in case]

  6. #6
    PM sent.

  7. #7
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    Quote Originally Posted by KC-97HORN View Post
    Something doesnt seem right, I thought all law enforcement groups were now required to take a prisoner to a medical wing or hospital the moment they say they have an injury - specifically because they got sued for folks having major injuries/death that could have been prevented if they went to a Doctor because the Officeers thought they were faking.

    I realize he didnt go to the hospital until after he got let out- did the doctor confirm he had a concussion?

    and did the "motorist" that hit him stop and render aid- or was it a hit and run?

    if the motorist was ticketed/ arrested/ questioned/ anything you should check to see if their insurance company has any information

    of course, dont tell them that he cant remember anything- they will automatically say he was at fault if thats the case.
    All good questions, to which I don't have answers. Pretty sure it was a hit and run.

  8. #8
    Not saying that what he said happened didn't really happen, but it's always a red flag when someone calls me after they've been arrested and the first thing out of their mouth is, "I want to sue the police."

    There's a 2-year statute of limitations on a civil rights claim.

    He can probably dispose of the criminal case within three months.

    Focus on taking care of the criminal case, then worry about finding a lawyer who will want to go through the trouble of suing APD and the Travis County SO in federal court, fighting a motion for summary judgment on sovereign immunity grounds, and "earning" a $10K settlement.

  9. #9
    with all the drunk people driving around S Congress during SXSW i can't beileve anyone would be riding a bike. that's just asking to get tatoo'd.

  10. #10
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    Request for an injury lawyer? I'm surprised his Inbox still has room left.

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    I'm sure the report reads like this:

    Officers responded to the scene of to find a bicyclist who witnesses report hit a mailbox and sustained superficial injuries. When approached, the suspect was napping on the sidewalk with a strong odor of alcohol on his person. When awoken the suspect became belligerent and began to lash out at officers to the point he required restraint. At this point the suspect spit in an officer's face and was subsequently arrested for assault of a peace officer, resisting arrest, public intoxication and BWI (Biking While Intoxicated).

    Let us know when his picture shows up in the APD arrest photo thread.
    Last edited by TexasEd; 03-19-2012 at 11:12 AM.

  12. #12
    The standard of care is extremely low in these cases. This is not an ordinary negligence case. The first question is whether officers showed "deliberate indifference" in not getting your friend medical care. The second question is what harm resulted to your friend from the delay in care.

    I'm guessing the answers to these two questions is no and none, but he should take the time to discuss it with an attorney anyways.

    There's a group called Texas Civil Rights Project that has an Austin office. They may be able to help. There's also an Austin attorney named Jeff Edwards who's handled some of these cases successfully in the past. I don't know him personally though, so I'm not actually vouching for him.

  13. #13
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    Quote Originally Posted by Bob Lives! View Post
    The standard of care is extremely low in these cases. This is not an ordinary negligence case. The first question is whether officers showed "deliberate indifference" in not getting your friend medical care. The second question is what harm resulted to your friend from the delay in care.

    I'm guessing the answers to these two questions is no and none, but he should take the time to discuss it with an attorney anyways.

    There's a group called Texas Civil Rights Project that has an Austin office. They may be able to help. There's also an Austin attorney named Jeff Edwards who's handled some of these cases successfully in the past. I don't know him personally though, so I'm not actually vouching for him.
    Yeah, I don't know if 'his lung almost collapsed,' counts as harm from the delay. Thanks for the advice.

  14. #14
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    Quote Originally Posted by Red Six View Post
    Not saying that what he said happened didn't really happen, but it's always a red flag when someone calls me after they've been arrested and the first thing out of their mouth is, "I want to sue the police."

    There's a 2-year statute of limitations on a civil rights claim.

    He can probably dispose of the criminal case within three months.

    Focus on taking care of the criminal case, then worry about finding a lawyer who will want to go through the trouble of suing APD and the Travis County SO in federal court, fighting a motion for summary judgment on sovereign immunity grounds, and "earning" a $10K settlement.
    Sounds like good advice. I'll pass it on.

  15. #15
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    Quote Originally Posted by HoosierHorn View Post
    subscribed... (not really, because i don't know how to subscribed)

  16. #16
    Tell him to call Colt's dad. He'll fix it for him.

  17. #17
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    witnesses? its sxsw...theres got to be a million californians around

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    Riding a bike on south congress is $#@!ing retarded. This is natural selection at work.

  19. #19
    So the bike lane is just a trap?

  20. #20
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    Wait, so several people here think the biker was asking for it? That's ridiculous. Biking during SXSW is the only feasible way to navigate the city.

  21. #21
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    No,

    Just doubting that he left a bar and rode down SOCO sober.

  22. #22
    NAACP National Champ Snacks might be a clever chap. or know the right people. know what i mean, nudge nudge? Snacks might be a clever chap. or know the right people. know what i mean, nudge nudge? Snacks might be a clever chap. or know the right people. know what i mean, nudge nudge? Snacks might be a clever chap. or know the right people. know what i mean, nudge nudge? Snacks might be a clever chap. or know the right people. know what i mean, nudge nudge? Snacks might be a clever chap. or know the right people. know what i mean, nudge nudge? Snacks might be a clever chap. or know the right people. know what i mean, nudge nudge? Snacks might be a clever chap. or know the right people. know what i mean, nudge nudge? Snacks might be a clever chap. or know the right people. know what i mean, nudge nudge? Snacks might be a clever chap. or know the right people. know what i mean, nudge nudge? Snacks might be a clever chap. or know the right people. know what i mean, nudge nudge? Snacks's Avatar
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    Quote Originally Posted by jmatt View Post
    [Doesn't know if you're kidding, or even care, but just in case]Look at the grey bar above first post... Thread Tools - Subscribe to this Thread...[/Doesn't know if you're kidding, or even care, but just in case]
    seriously... never $#@!ing saw that...

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