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.
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.”
Call (405) 759-0515 now →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.
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.