Q: My sister is currently incarcerated, she was put with a enemy while shackled. And injured what kind lawyer could help?
They were known enemies and was supposed to be kept separated. My sister reminded the guard of this, and it was ignored. They got into altercation and my sister arm and wrist was broke. Any suggestion on what kind of lawyer to talk to about filing a formal or criminal charges against the guard or facility? This happened in Lee County in Giddings Tx.
A: If this was while in prison it will likely be hard to find an attorney who will take the case. It is just so difficult to pursue a case against the prison system, it almost has to be a death case before one can justify taking the case. If it occured while in county jail, that might be a little easier to find someone to pursue.
How did the staff know these folks were to be kept apart? Any idea how it was documented? Any idea how they ended up shackled together?
Donald Rudolph Taylor agrees with this answer
A: This sort of negligence on the part of the county is a personal injury case requiring expertise in that area.
There is a possible case there but it may be difficult to come find a lawyer willing to do it on contingency fee alone because it has obvious problems. A jury isn't going to be as sympathetic to an inmate as they would her grandmother who got hit by a speeding car full of drugged up teenagers while she was walking to Sunday school class. And these days most all liability for governmental entities is capped so that even the best award of damages is not enough to pay expenses.
But good luck. It won't hurt to ask a few. I don't know anybody in that area or I would make a referral.
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