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Throughout the second half of 2023, over 29,151 total individuals were booked into police custody throughout Las Vegas’ Metro area. According to Metro Captain Nita Schmidt, these individuals spent an average of 18 days in police custody.
Unfortunately, accidents and even fatalities often occur while these people are still in police custody. During the second half of 2023, eight people perished while under the custody of the Las Vegas Metropolitan Police Department. Over the entire year, at least 13 people died in custody.
Reports show that 11 of those fatalities happened while the inmate was in the hospital. Two of those deaths occurred in a Clark County Detention Center facility. Every in-custody death that occurred in Vegas in 2023 happened to males. None of those fatalities were the result of suicides. The cause of death is still being investigated by the Clark County coroner for four of the individuals.
Reports from earlier years show that 10 in-custody deaths occurred in 2022, and 11 people perished in-custody in the Metro area in 2021.
Was Your Loved One Fatally Injured in Police Custody? Know Your Rights
Unexpected deaths are always tragic, and an in-custody death can always feel ‘wrongful’. That said, it’s important for you to fully investigate what happened with your loved one and why they passed away. Depending on the circumstances, you could have legal recourse to help you financially recover from the losses you experience after your loved one’s death.
In Las Vegas, a wrongful death lawsuit arises when:
- One party has a legal duty to provide for the care and safety of another party
- The first party breaches their legal duty of care
- This beach of duty causes the fatal accident
- The fatality leads to specific damages
In the context of an in-custody death, establishing a duty of care is straightforward. All correctional officers have a duty to provide for the care and safety of inmates and anyone else in police custody. This legal duty stems from the Eighth Amendment, which establishes that prison (and jail) officials have a legal duty to not only refrain from using excessive force but also to protect inmates from assault from other prisoners.
When a correctional officer uses excessive force, turns a blind eye to inmate-on-inmate violence, fails to respond to requests for medical help, or otherwise fails to uphold a reasonable standard of care towards an inmate and their behavior causes a fatality, then the correctional officer or the facility could be held liable.
If your loved one experienced a fatal accident while in custody and you believe negligence played a role, then it’s best to get in touch with a wrongful death attorney who can help you go over what happened, inform you about your options, and use their experience to help you file a solid claim for compensation. You may be able to seek compensation for losses you experience like the costs associated with the funeral, burial, a loss of financial support, and your pain and suffering.
Reach out to our office now to get in touch with our lawyers about your loved one’s recent accident and learn more about your options.
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