Can I sue for a handcuff injury?
Asked by: Dr. Aniya Orn | Last update: January 3, 2026Score: 4.5/5 (40 votes)
Moving forward after a handcuff injury involves seeking justice for the harm you've endured and holding law enforcement accountable for their actions. With the right legal representation, you can pursue a claim with confidence and seek the compensation you deserve.
Can you get permanent nerve damage from handcuffs?
Neuropathies of the superficial radial, ulnar, and median nerves have all been documented [5, 6]. Most nerve compression injuries from handcuffs resolve without specific therapy, but some can result in permanent disability [6,12]. Motor deficits are less common than sensory impairment but can occur.
What are the common injuries from handcuffs?
It is not unusual for them to be applied in violent circumstances and for the prisoner to struggle. This can lead to overtightening of the handcuffs and considerable trauma to the structures around the wrist. We have recently seen fractures, lacerations, and injuries to the radial, ulnar, and median nerves (table).
What is the law of handcuffs?
303.4 APPLICATION OF HANDCUFFS OR PLASTIC CUFFS
Handcuffs, including temporary nylon or plastic cuffs, may be used only to restrain a person's hands to ensure officer safety. Although recommended for most arrest situations, handcuffing is discretionary and not an absolute requirement of OPS.
Can a police officer sue for personal injury?
The statute authorizes civil lawsuits by police and firefighters when: The injury producing harm was caused by an intentional act or. When the conduct is not intentional but occurs after the person knows or should have known of the presence of the public safety officer.
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How much can you sue police for?
While there is no predetermined amount that victims can sue for in law enforcement misconduct cases, having a police brutality attorney in California on your side goes a long way toward securing a fair settlement for your particular case.
Can I sue a police officer for emotional distress?
Yes, you can sue the police for emotional distress, but doing so requires specific legal conditions to be met. Emotional distress claims against law enforcement are typically based on either intentional infliction of emotional distress (IIED) or negligent infliction of emotional distress (NIED).
Can I sue for being put in handcuffs?
Law enforcement officers can be held liable for handcuff injuries if they apply the handcuffs with excessive force or in a manner that deviates from standard procedures. Police Officers have a duty to use handcuffs in a manner that does not cause harm to the individual being detained.
Is handcuffing considered a use of force?
Handcuffing generally constitutes a use of force and the application of the handcuffs must be reasonable. The singular message from the court's decision denying qualified immunity is simple: Handcuffing generally constitutes a use of force and the application of the handcuffs must be reasonable.
How long can you be handcuffed?
There is no set time limit for having a suspect handcuffed. As long as the situation takes, suspects remain cuffed. In some situations, if you were being held at the scene, police may determine you are not the suspect and remove the cuffs and release you.
Is it painful to be handcuffed?
It is an unnatural position for the arms to be in and, even though properly applied, the cuffs are going to apply pressure to the wrist area as they restrain the movement of a subject. Improperly applied handcuffs can cause more pain and even injury.
How much is permanent nerve damage worth?
Permanent nerve damage, in particular, can lead to settlement amounts ranging from $100,000 to $1,000,000. This is due to the profound impact on an individual's quality of life, emotional distress, functional loss, and ongoing medical expenses, which all contribute to higher compensation claims.
How to treat handcuff injuries?
The irritated nerve often benefits from gentle massage of the forearm muscles and Kinesio taping for space correction. Gentle radial nerve gliding exercises and in some cases desensitisation to various touch stimulus can also help.
How do you prove permanent nerve damage?
In order to fully determine the extent of the damage to the nerve, the doctor may order an electrical conduction test to determine the passage of electrical currents through the nerves. Two of these tests are electromyography and nerve conduction velocity.
Can a cop hit you while handcuffed?
Once a suspect has been successfully subdued, applying additional force can be considered excessive. For example, if a suspect is handcuffed and compliant, but officers continue to use physical force, this could be seen as unnecessary and abusive.
Do cops have the right to shoot you if you run?
Deadly force must not be used against an unarmed, non-violent individual running away from officers. However, if an armed and violent felon is fleeing from a crime scene, police officers may legally shoot them in the back.
Can you refuse to be handcuffed?
You are being arrested. This can be accomplished with reasonable force. It is not your choice to refuse to be handcuffed like you are deciding between soup and salad at a restaurant.
Is handcuff neuropathy permanent?
Similar clinical findings were obtained in the group without electrodiagnostic testing. Handcuff-related injury to the most commonly affected nerve, the superficial radial, can be severe and permanent.
What is a police Terry stop?
Defined. A Terry stop is defined as “a brief, temporary involuntary detention of a person suspected of being involved in criminal activity for the purpose of investigating the potential criminal violation.
Can you sue the police for emotional distress?
Citizens can also sue if the officer causes emotional distress through a negligent act. However, when the court determines that the police officer's conduct was in the scope of their law enforcement duties, the officer may be immune from being held liable.
How much money can you get from suing the police?
Excessive force lawsuits typically involve claims against law enforcement officers or agencies for the use of excessive or unreasonable force during an arrest or other interactions. Settlements or jury awards in these cases can range from a few thousand dollars to several million dollars, or even more in extreme cases.
How hard is it to sue a cop?
Yes, you can sue the police in California, but it is not a straightforward process. Police officers and departments are protected by specific laws that can make it difficult to hold them accountable for their actions.
How long do you have to file a lawsuit against the police?
In California, before you can file a lawsuit against a public entity or employee, you must file a government claim. This is a prerequisite to suing a police officer and must be done within six months from the date of the incident.