QUESTION:

I was booked for unpaid ticket class C. While booking, I asked the jailer if he spoke English, then he grabbed me by the back of my neck and threw me onto the wall. I injured my neck and they refused to allow me to speak with an officer in charge, and they also denied giving me medical treatment. I am still in pain from the injury. Do I have the right to sue the county jail?

ANSWER:

Generally, public entities are immune from liabilities for injuries to or by prisoners [Gov.C. § 844.6(a)]. However, public employees are not shielded from liabilities for injuries legally caused by their “negligent or wrongful act or omission” [Gov.C. § 844.6(d)]. They are also liable for failure to furnish or obtain medical care for a prisoner who they know, or have reason to know, needs immediate medical care. The liability is limited to situations where the public entity intentionally or unjustifiably ignores serious and obvious medical conditions [Gov.C. § 845.6].

To know if a prisoner may or may not have any claim against a public entity for injuries sustained while detained, it is best to consult with a lawyer who is an expert in personal injury cases.