Family Action Guide

After a Death in Custody: What Families Should Do

If your loved one died in a jail, prison, or during a police encounter, the government controls the narrative unless you act.

⏱ Time-Critical

Evidence Is Controlled by the Defendants

Body camera footage, jail video, medical records, and cell-check logs are all in the custody of the defendants. Without an immediate preservation demand, this evidence can be deleted, overwritten, or “lost.”

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Immediate Steps (First 48 Hours)

Contact a Civil Rights Attorney Immediately

The government is already building its version of events. You need an attorney who files federal civil rights cases — not a general practitioner — to send preservation demands and begin an independent investigation.

Request the Autopsy Report

The Medical Examiner's office performs the autopsy. Request a copy as soon as it is available. Your attorney may retain an independent forensic pathologist for a second review.

Request Body Camera and Jail Video

File an Open Records request for all video footage. Note that agencies may claim exemptions — an attorney's preservation demand carries legal weight.

Do NOT Accept the Official Narrative

Initial press releases and agency statements are written to protect the institution. Wait for an independent investigation before accepting any explanation.

Do NOT Speak with Internal Affairs Without Counsel

Agency investigators may contact the family. Everything you say may be used to shape the defense narrative. Speak with your attorney first.

First 30 Days

Appoint a Personal Representative

A wrongful death claim under § 1983 is filed through the estate. The court must appoint a personal representative to pursue the claim on behalf of surviving family members.

Gather Your Loved One's History

Medical records, mental health records, booking records, and any prior complaints filed against the jail or officers. These may establish a pattern.

Identify Witnesses

Other inmates, visitors, jail staff, paramedics, or bystanders who may have seen or heard what happened. Memories fade and inmates are transferred — record information early.

Understand the Deadlines

The federal statute of limitations for § 1983 claims in Oklahoma is generally two years. A separate Oklahoma Governmental Tort Claims Act notice may have a one-year deadline for parallel state-law claims.

What NOT to Do

Do NOT Delete Text Messages or Voicemails

Any communications from or about your loved one near the time of death may be relevant evidence.

Do NOT Accept a Quick Settlement

Government entities sometimes offer money quickly to avoid the scrutiny of a federal lawsuit. Do not sign anything without counsel.

Do NOT Discuss the Case Publicly

Avoid media interviews or social media posts about the case details. Anything stated publicly can be used in litigation.

We Are Ready to Help

If your family member died in government custody, we will evaluate the circumstances confidentially and at no cost.

In-Custody Death Case Review

What happened? Provide the facility, date, and circumstances.

Start with the facts

A clear summary of what happened, who was involved, and what evidence may exist is enough to begin.

Confidential review

The firm reviews your information and responds if the matter appears to fit.

Evidence and timing

Dates, locations, records, photos, video, and witness names help us understand what may need to be preserved.

How to reach you

Tell us how to reach you and when you are available for follow-up.

No fee unless we win. Submitting this form does not create an attorney-client relationship.

Your Family Deserves Answers

We investigate in-custody deaths with the urgency and precision that families deserve. Contact us today for a free, confidential case evaluation.