California Appellate Tracker

Frausto v. Department of the California Highway Patrol (2020)

August 25, 2020

Police officers owe a duty of care to a person they have arrested and taken into custody to assure that person’s safety and well-being. As the arrestee cannont care for himself, police must do so. Here, the arrestee swallowed a large dose of drugs to keep the police from finding it as they searched him before the arrest. He repeatedly said it was only chewing gum, but later died of an overdose. This opinion affirms a judgment against the police for negligence in failing to obtain medical care for the arrestee.

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Frausto v. Department of the California Highway Patrol (2020)

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