- Lucky Phounsy’s 2015 in-custody death leading to a record $85 million verdict against the San Diego Sheriff’s Department
- Brian Umana’s 2021 police-shooting death leading to a $1 million settlement against the National City Police Department
“Hayden Schuck deserved better, and San Diego deserves better,” Tim Scott, the Schuck family’s attorney, told CBS8 San Diego in 2024.
Ready to pursue justice for In-Custody Death and Injury?
Contact the best in-custody death lawyers from McKenzie Scott today by calling (619) 794-0451 to schedule your free case evaluation.
Filing a Lawsuit After an In-Custody Death
When a loved one is taken into custody, we expect them to be treated with dignity and respect. Unfortunately, the reality is that negligence and mistreatment often occurs, leading to incarcerated individuals enduring serious injuries and even fatalities. In both San Diego and Los Angeles County, recent cases of in-custody deaths and injuries have raised serious concerns about the treatment of incarcerated populations.
If you or someone you love has been affected by such incidents, McKenzie Scott’s San Diego in-custody death attorneys can be your allies in seeking justice and accountability.
Understanding In-Custody Deaths and Jail Injuries in San Diego
In-custody deaths and injuries are a tragic reality in our criminal justice system. These incidents can occur due to various types of negligence, including:- Excessive use of force by law enforcement;
- Inadequate medical care;
- Neglect or abuse by correctional staff;
- Suicide due to lack of proper mental health support;
- Violence between inmates.
Legal Rights of Incarcerated Individuals and the Role of a San Diego Jail Injury Lawyer
Despite being in custody, individuals retain certain constitutional rights. These include:
- The right to be free from cruel and unusual punishment;
- The right to adequate medical care;
- The right to be protected from violence by other inmates;
- The right to due process.
When these rights are violated, McKenzie Scott’s jail injury lawyers in San Diego can step in to protect the interests of the incarcerated individual or their family. Our team specializes in navigating the complex landscape of prisoner rights and has demonstrated proven results in helping victims’ families secure justice through record-setting financial damages awards. We are available 24/7 to discuss your case and provide expert legal representation for those who have been wronged by the system.
The Critical Role of a San Diego In-Custody Death Attorney
When the unthinkable happens and a loved one dies while in custody, a San Diego in-custody death attorney becomes your indispensable ally. McKenzie Scott’s specialized lawyers handle every aspect of these difficult cases, including:
- Conducting thorough investigations into the circumstances of the death;
- Gathering crucial evidence, including medical records, surveillance footage, and witness statements;
- Navigating the complex legal procedures involved in wrongful death cases;
- Advocating for the rights of the deceased and their family;
- Seeking appropriate compensation for the loss and suffering endured.
The process of investigating a wrongful death in custody can be challenging. Correctional facilities often have strict protocols and may not be forthcoming with information. Our experienced attorneys know how to cut through the red tape and uncover the truth.
If you suspect that your loved one has been a victim of abuse while in custody, it’s important to:
- Document any visible injuries or signs of distress;
- Keep a record of all communications with the facility;
- Gather statements from any witnesses (including other inmates or visitors);
- Seek immediate legal counsel to protect your rights and preserve evidence.
McKenzie Scott’s skilled attorneys can help you file your San Diego prisoner abuse or injury claim and navigate the often-intimidating process of challenging law enforcement misconduct.
FREE CASE EVALUATION
How long do I have to file a lawsuit for an in-custody death or injury in San Diego?
The statute of limitations for these cases can vary depending on the specific circumstances and whether you’re filing against a government entity or private institution. Generally, you have six months to file a claim against a government entity and two years for other cases. However, it’s best to consult with an attorney as soon as possible to ensure you don’t miss any deadlines.
Can I sue if my loved one died by suicide while in custody?
Yes, you may have grounds for a lawsuit if the correctional facility failed to provide adequate mental health care or take reasonable steps to prevent suicide. These cases are complex, and our experienced in-custody death attorneys can help determine if the facility was negligent in its duty of care.
What kind of compensation can I expect from an in-custody death or injury lawsuit?
Compensation can vary widely depending on the circumstances of the case. It may include medical expenses, funeral costs, loss of future income, pain and suffering, and in some cases, punitive damages. Our attorneys can provide a more accurate estimate based on the specifics of your situation.
How can I find a reputable San Diego in-custody death attorney?
Look for attorneys who specialize in civil rights, prisoner rights, or wrongful death cases. Check their track record with similar cases, read reviews, and schedule consultations to find someone you trust. McKenzie Scott’s attorneys specialize in these cases, have demonstrated proven record-setting results for clients, and offer free initial consultations.
When pursuing justice for an in-custody death or injury, the legal process typically involves:
- Filing a formal complaint or lawsuit against the responsible parties;
- Engaging in discovery to gather evidence;
- Negotiating with the correctional facility or government entities;
- Potentially proceeding to trial if a fair settlement cannot be reached.
The outcomes of these cases can vary. While no amount of compensation can truly make up for the loss of a loved one, successful cases may result in:
- Financial compensation for medical expenses, funeral costs, loss of income, emotional trauma, and more;
- Punitive damages to punish egregious misconduct;
- Policy changes within the correctional facility to prevent future incidents;
- Increased public awareness and scrutiny of in-custody treatment.
While legal action is critical for addressing individual cases, there’s a broader movement towards criminal justice reform in San Diego that McKenzie Scott’s team partakes in through its ongoing in-custody jail death litigation. This includes:
- Improving training for law enforcement and correctional officers;
- Implementing better mental health screening and support in jails and prisons;
- Enhancing oversight and accountability measures;
- Advocating for alternatives to incarceration for non-violent offenders.
These efforts aim to create a more just and humane incarceration system that respects the rights and dignity of all individuals, regardless of their legal status.
If you’ve been affected by an in-custody death or injury, remember that you’re not alone. McKenzie Scott’s San Diego in-custody death attorneys can provide the guidance and support you need to navigate this difficult time and secure the justice your loved one deserves.
Don’t let your rights or those of your incarcerated loved ones be ignored. Reach out to a qualified California in-custody death attorney from McKenzie Scott who specializes in these complex cases. We can help you understand your options and take the first steps towards accountability and change in our criminal justice system.
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* 1
McDonald, Jeff and Davis, Kelly, “In 5 years since investigation, little progress in stopping deaths in San Diego County jails.” The San Diego Union Tribune, October 2, 2024,
* 2
Id.
Client Review
"Tim Scott and his team represented me in a civil case involving my husband's wrongful death. They won the case and the jury awarded my family a historical $85 million verdict. Tim and his team believed in us and fought hard for 7 years to bring justice to my husband and family. They are experienced, collaborative and most importantly, caring. They worked diligently, including many nights and weekends to build a winning case. They brought in various specialists and medical experts to testify during trial. Their level of experience in the legal justice system is why we won this case. I cannot thank Tim and his team enough for not giving up on my family."
Loan Nguyen
– McKenzie Scott PC: Fighting for the Little Guy
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