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  #1  
Old 12-02-2018, 07:33 PM
Natalia1973 Natalia1973 is offline
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Default Son beat by other inmates, wants to sue the prison. What is the process?

Advice needed, please. My son got hurt while being incarcerated. He got bitten up by other inmates, lost few teeth and got his jaw messed up. He is asking me to find him a lawyer. I do not know how it will all work, he has just few months left before he goes to half way house. I am lost.. any suggestions??
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Old 12-02-2018, 07:54 PM
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Who is he thinking of suing?
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Old 12-02-2018, 08:30 PM
Natalia1973 Natalia1973 is offline
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Old 12-03-2018, 02:31 PM
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What did the prison do that he feels makes them liable?

Was what they did within the purview of their responsibilities?

How much more time does he have, not just in prison but in the system?

Look, generally speaking, we are talking about tort law - negligence, etc. more specifically, we are talking about tort law within prison law. This is a very specific area of law. Further, very few of those specialized attorneys will take cases that don’t lie easily outside of the qualified immunity that prisons and COs and administrators have, protecting them as they work within the course of their job.

And, he won’t be able to sue just the prison. He will have to sue the prisoners who beat him, the COs and administrators who didn’t do their job, and the prison, and possibly the state.

He should expect that it’s going to take a long time to settle any valid claim. It took the prisoners at Attica over 30 years to see a dime of the money awarded to them as a consequence of the beatings and deaths produced by the riot.

And, he should realize that these cases are time sensitive - if he didn’t file the case within the statutorily prescribed limit (can be as short as a year after incident), then he may be SOL even if he has a paper trail demonstrating his complaints to the prison that he was in jeopardy from specific inmates, credible threat from those inmates, and the prison's failure to meet reasonable expectations of safety, etc, etc, etc.

Long story short: he needs the names of everybody involved, documentation of everything leading up to the injury, documentation of the injury, evidence of lasting impairment, and anything else that the attorney needs.

Finding a lawyer who deals with these sorts of cases means looking for plaintiff side prison tort lawyers or federal section 1983 lawyers with a bent towards prison related Civil Rights violations.
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Old 12-03-2018, 06:15 PM
Natalia1973 Natalia1973 is offline
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OMG! Thank you so very much for all this information. And especialy Thank you for your valuable time to write me.. I appreciate it so very much. Thank you again. God Bless you for all your help.
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Old 12-04-2018, 11:40 AM
S.Barnett S.Barnett is offline
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Hi, I don't want to upset you even more, but what if the inmates that beat up your son are gang members?. The outcome could be alot worse than a beating. I definitely understand that you and your son want the inmates to pay for the wrongs they did to him, but honestly trying to take them to court could be very bad. Try to visit your son and talk in private to him. What i mean is that your phone calls are recorded and listened in on. And the mail is read to.
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Old 12-04-2018, 01:11 PM
fbopnomore fbopnomore is offline
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Has your Son been removed from his dangerous situation? Using what already happened as pressure on the prison to transfer him to a safer location has a much better chance for a speedy change of scenery. He needs to submit a transfer request, in writing, and continue to follow up until he is moved away from the danger.
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Old 12-04-2018, 03:14 PM
Natalia1973 Natalia1973 is offline
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Yes they transferred him immediately. I agree with all of you and will talk to him when i see him. It was not just him. I believe 4 guys including my son become victim of this riot (100 people attacked 4).

Last edited by Natalia1973; 12-04-2018 at 03:19 PM..
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