October 8, 2018

Question

My son was locked up there he was totally normal had no mental or physical issues when he was arrested. He was assault and suffered a brain injury and is unable to care for himself etc.

Answer

Difficult case, but if there is documentation that the COs were given advanced warning that he was a target for attack - i.e. someone told them beforehand or if he went to them and said he was in fear of being attacked by a specific inmate or gang, and the COs knew about this but did nothing to move him or separate them before it happened, then you could theoretically establish liability on the part of the Dept. of Corrections. If this is the case, you need to act quickly because a Notice of Claim needs to be filed within 90 days of the event in order to proceed in a lawsuit against the DOC. Make sure you find a lawyer with a track record of successful inmate cases, there are a few of them out there. Good luck.


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