What to Do If Your Loved One Died in Police Custody

When Tragedy Happens Behind Bars

Losing someone you love is always painful. But when that loss happens in police custody, the grief often turns into something deeper: anger, confusion, and a need for answers. Families are left wondering what really happened behind those locked doors, far from any witness they trust.

At Horn Wright, LLP, our civil rights lawyers stand with families who’ve lost loved ones in police custody across New York State. Our attorneys understand how devastating these situations are and how difficult it can be to get clear information. If you're facing this kind of tragedy, we can help guide you through the legal steps ahead while holding the responsible agencies accountable.

Confirm the Death and Secure Immediate Information

The first step is both the hardest and the most urgent. You need to confirm what happened and begin collecting facts, even when you're still in shock.

Call the facility where your loved one was held. That could be a local jail like the Monroe County Jail, a city precinct in Manhattan, or a state facility like Sing Sing Correctional Facility in Ossining. Ask for the name of the officer or supervisor in charge. Request the exact time and location of the death. Find out where the body was taken, usually to a county medical examiner’s office.

You’ll also want to request:

• A copy of the preliminary incident report
• The name and contact info of the assigned investigator
• Any identifying case or report number tied to the event

Keep a written log of each call. Save names, times, and summaries of your conversations.

Request the Autopsy and Medical Examiner’s Report

Don’t wait for this to come to you. In New York, medical examiner offices operate independently in each county. In New York City, that’s the Office of the Chief Medical Examiner (OCME). Elsewhere, it may be the county coroner.

Submit a written request for:

• The full autopsy report
• Toxicology results
• Any photos or injury diagrams
• Notations of time of death and suspected cause

Be clear, calm, and persistent. Ask whether the autopsy was conducted by a state-employed medical examiner or an outside forensic pathologist. If you can, request a copy of any documentation given to the facility or family during body release.

Even if you’re not ready to take legal action, secure these records early. Delays are common, but persistence helps.

Demand Custodial Records and Surveillance Footage

One of the only ways to understand what really happened inside a holding facility or jail cell is through internal documentation. These records are not given freely. You have to request them directly, and you need to know what to ask for.

Start by filing a Freedom of Information Law (FOIL) request. In New York State, this allows you to request:

• Booking reports and intake forms
• Cell check logs showing the timing of officer checks
• Incident reports
• Use-of-force documentation
• Available video from holding areas or common spaces

Be as specific as possible. If your loved one died in a precinct in Buffalo, for example, name the exact precinct and provide the timeframe. Ask about any disciplinary action taken against officers involved. If surveillance footage exists, demand it be preserved immediately.

Identify the Agency Involved and Their Internal Process

Understanding who held custody over your loved one matters. Different agencies in New York operate under different internal policies and levels of accountability.

Was your loved one in NYPD custody? Were they held at a county jail, such as Rensselaer County Jail? Or were they already in a state-run prison?

Once you confirm the agency:

• Ask if the Internal Affairs Bureau or an internal review unit is involved
• If the death occurred in NYC, check with the Civilian Complaint Review Board (CCRB)
• For statewide cases, see whether the New York State Attorney General’s Office is investigating under its Special Investigations and Prosecutions Unit

Each agency works on its own timeline. Most don’t share progress updates unless legally required. That’s why it’s important to stay organized and persistent.

Preserve All Evidence and Start Building a Paper Trail

Families often don’t realize how quickly evidence can disappear or be overlooked. You don’t need to wait for an attorney to start protecting the facts.

Keep everything. That includes:

• Emails and voicemails from jail officials or law enforcement
• Medical records or intake forms, if shared
• Personal belongings returned to the family
• Clothing worn at the time of death

Avoid washing or handling items. Store them in sealed bags, untouched. Write down the date you received them and from whom. These items could later serve as evidence of injury, neglect, or restraint.

If you speak with anyone from the facility, ask for their name, badge number, and a confirmation email summarizing the conversation.

Talk to Witnesses and Gather Statements

The people who were there, other inmates, correctional officers, medical staff, may hold key information. Their accounts can support or challenge the official version of events.

If your loved one died at Rikers Island, for instance, consider contacting detainee advocacy groups or using social media to reach possible witnesses. You can also hire a private investigator familiar with New York jails and prisons.

When gathering statements:

• Ask for full names, dates, and details
• Record the statements in writing, if possible
• Keep records of how you contacted each person

These accounts can disappear fast. Facilities transfer people without notice, and memories fade. Act early.

Understand Potential Civil Rights Violations

A death in custody might result from more than one factor, neglect, abuse, denial of medical care. Legally, that’s known as a civil rights violation.

Under Section 1983 of the federal Civil Rights Act, families can hold law enforcement accountable for:

• Excessive force
• Failure to provide medical care
• Improper supervision
• Unlawful restraint or isolation

In New York, these claims often connect to broader civil rights issues including police misconduct and government abuse. Review the timeline of what happened. Look for signs of delay, inconsistency, or mistreatment.

It’s also worth checking the facility’s disciplinary records or past lawsuits. Some jails, especially in Onondaga and Suffolk counties, have faced repeat complaints.

File a Notice of Claim with New York State

New York law sets a tight deadline for suing public agencies. If you plan to bring legal action, you must file a Notice of Claim within 90 days of the death.

Here’s what to do:

• Identify the correct agency: NYPD, a county sheriff, or the Department of Corrections
• File the notice with the agency’s legal department
• Describe the incident, including location, date, and the basis for your claim
• Send the notice via certified mail and save proof of delivery

Missing this deadline can block your case entirely. Even if you’re unsure about suing, filing preserves your rights while you decide.

Seek Support from Oversight and Advocacy Groups

You don’t have to do all this alone. Families across New York have faced similar tragedies and found strength in support.

Look to groups like:

• New York Civil Liberties Union (NYCLU)
• Justice Committee
• VOCAL-NY
• Legal Aid Society’s Prisoners’ Rights Project

These organizations help with everything from legal referrals to media outreach. They know how to push for transparency and how to support grieving families caught in bureaucratic silence.

Consider Speaking to a Wrongful Death Attorney

You’ve already taken on a heavy burden, asking tough questions, facing public agencies, and trying to honor someone’s memory while demanding justice. You don’t need to do it all alone.

A wrongful death attorney who understands police custody cases in New York can help you:

• Evaluate whether rights were violated
• Access hard-to-get records and surveillance
• Consult independent forensic experts
• File lawsuits against the appropriate agencies

If you're trying to understand who can sue after a fatal police shooting, or how excessive force may apply to your situation, a legal team can offer guidance based on real case law and precedent.

Even if you’re not ready to sue, a legal consultation can give you clarity. Many attorneys offer free evaluations so you can decide what’s next with confidence.

Understand the Broader Context in New York State

Sadly, deaths in custody are not rare in New York. Cases like Kalief Browder and Layleen Polanco show how systems can fail people long before they take their last breath.

In response to growing concerns, the New York State Office of Special Investigation (OSI) now investigates many police-related deaths. But timelines are inconsistent, and results can take years.

You may find strength in understanding the context around excessive force and your civil rights and how others have responded when similar tragedies occurred.

You’re not alone. Many others have fought to expose injustice in facilities from Albion Correctional to Queensboro Correctional Facility, demanding more transparency and better oversight.

Watch the Timeline and Document Every Step

When you're deep in grief, it's easy to lose track of who said what or when something happened. But documentation matters.

Start a simple record-keeping system. Include:

• A timeline of every conversation, report request, or email sent
• Copies of all paperwork (digital and print)
• Contact info for each agency, investigator, or advocate involved

Keep everything in one place. If your case gains traction, whether legally or in the media, you’ll be ready to respond with facts.

You Deserve Answers, and We’re Ready to Help

Losing a loved one in police custody is heartbreaking. In New York State, it’s also a process filled with silence, delay, and unanswered questions. At Horn Wright, LLP, we help families uncover the truth and push for justice. If you’re facing this kind of loss, our attorneys are here to listen, support, and act. 

Let’s take that weight off your shoulders and start moving forward, together.