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This entry was published on 2020-12-18
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Medical attention for persons under arrest
Civil Rights (CVR) CHAPTER 6, ARTICLE 3
* § 28. Medical attention for persons under arrest. When a person is
under arrest or otherwise in the custody of a police officer, peace
officer or other law enforcement representative or entity, such officer,
representative or entity shall have a duty to provide attention to the
medical and mental health needs of such person, and obtain assistance
and treatment of such needs for such person, which are reasonable and
provided in good faith under the circumstances. Any person who has not
received such reasonable and good faith attention, assistance or
treatment and who, as a result, suffers serious physical injury or
significant exacerbation of an injury or condition shall have a cause of
action against such officer, representative, and/or entity. In any such
civil action, the court, in addition to awarding actual damages and
costs, may award reasonable attorneys' fees to a successful plaintiff.
The provisions of this section are in addition to, but shall not
supersede, any other rights or remedies available in law or equity.

* NB There are 2 § 28's