Can I sue the police department for not completing a wellness check and then my mother died? I suspect they didn’t go inside because she was a hoarder. My brother was ill and lived 4 hours away. I live in Colorado, 21 hours away. We asked the Houston police department to complete a wellness check. They took forever to arrive and once there, they refused to force entry. They claimed we spoke to her within the last 24 hours but we had not. I have reason to believe they didn’t want to force entry because she was a hoarder. After my brother called the police again the next day, they took their time getting there and she was found dead. She saw her doctor one week before before this and was fine. No autopsy was performed. They rushed her through the coroner’s office. I believe She was treated differently because she was a hoarder. Notes: I was not aware of her living conditions until after this occurred. I live in Colorado. Neighbor was able to hear her through the window 11 hours before she was found dead. That’s proof she was alive the first night the wellness check was requested.

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With dealing with a lawsuit and the government, you first have to get a court to allow you to sue.

this is from common law which provides that governments have complete sovereignty. ie: no other law can be above them...self rule. So, you have to get that same government to agree to let you sue them. (Or, get a federal court to permit you to sue). Understand that process is very detailed and lengthy litigation..... ie: expensive

even if you get a court to permit you to still have the barrier of indemnification. This allows for agencies within the government to be protected from such lawsuit in the legal pursuit of their governmental tasks. would have to prove that there was deliberate intent to cause harm ... malice. That is a very high bar to meet.

since this is not a case you could do as a diy, you must get a lawyer. So..try a lawyer to accept your case on a contingency basis. Meaning the lawyer gets paid only if he wins. Pretty much any lawyer will take a case if you are paying them hourly to do it. But, if you have no winnable case, no lawyer will put their own effort free of charge into it.
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I’m so very sorry for your loss. Honestly you would not win a lawsuit. The police cannot just force entry in to the house because of wonderful thing called the constitution, specifically the 4th amendment. They have to have probable cause and this case, they didn’t. If they had been able to see in to the house and see your mother unconscious or injured, they could have forced entry. But with no way to verify she was even inside, they didn’t have a legal reason to force their way in to home. Understandably you are grieving. Have you considered attending grief counseling? Again in very sorry for your loss.
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