Q: If an inmate gets attacked in his sleep because the guard on duty had fallen asleep, can the prison be held responaible?
Hi my daughter's father is currently incarcerated and recently was attacked by other inmates in his sleep and cut up really bad. I was told that the guard on duty had fallen asleep. I was wondering if he can sue the prison because I don't think that should have been able to happen and I believe they should be held responsible for it because the guards are there to protect and maintain some type of order. I really just want to know if there is anything we can do or any advise you could give that will help the situation. Thanks so much.
A: It is possible but not certain that a viable claim may arise from the incident that you have described. Certainly Prisons can be sued for inmate injuries in various circumstances including cases where the injuries result directly from the criminal actions of third parties (other inmates); however, not every injury of an inmate caused by the violence of other inmates results in liability as against the prison. All of the specific facts, details and circumstances will need to be considered in order to determine whether or not a claim ought to be brought. I suggest consulting with an local personal injury attorney in order to evaluate this possibility. Also please bear in mind that lawsuits such as this are procedurally complex and very time sensitive. Time limitations will prevent any legal action unless the action is commenced prior to the expiration of those time limits. Find a local personal injury attorney and schedule an appointment to discuss all of the specific details and timing.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.