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
  • 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.

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.