Asked in Federal Crimes and Civil Litigation for Virginia

Q: Why can I not get any attorney to help a friend who as been sexually abused in federal prison by a member of staff ???

No attorney will take the case they won’t even look into it! All remedies filed up to DC. Bivens filled now waiting defendants to be served. We have substantial evidence the member of staff was dismissed due to misconduct. My friend desperately needs help to bring this lawsuit to court. None of the defendants have qualified immunity as it was a sexual act. My friend is entitled to claim compensatory and punitive damages. Could you help me understand why attorneys are not willing to take the case ??? Thank you

2 Lawyer Answers
F. Paul Maloof
F. Paul Maloof
Answered
  • Alexandria, VA
  • Licensed in Virginia

A: I regret that I do not handle criminal law or sexual abuse cases. Sorry.

A: If you're asking why no lawyer will take the case for free, without being paid, the answer is that lawyers are not in business to work free. There are substantial expenses assosiated with federal civil litigation, and are you asking why no lawyer will take it upon himself or herself to fund your friend's case?

Very few lawyers I know are financially capable of taking on such a case on ,what, a contingency basis? Your friend may very well have a good case. But just because he may be eligible, not "entitled" BTW, to damages, that is no gurantee a jury will award him those damages.

Check with the Southern Poverty Law Center for your best shot at getting him represented. Also ty ACLU.

Not the answer you hoped for, I'm sure, but it's the fact of legal life that not all good lawsuits attract lawyers.

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