Q: I have a GPS monitor on. It has caused permanent damage to my ankle. Can I sue for damages?
I'm on Interstate Parole. I had a violation and had to go back and serve 90 days. Upon release and arrival back to Rhode Island, a GPS monitor was attached. The first time I had a monitor, it was for 90 days. I did not get any marks then.
However, it has been six months since I have had the monitor this time and it has created a very unsightly mark and causes pain at times regardless how many times I turn it. I have mentioned this to my parole officer and received, "You better take care of that ankle", nothing more. The monitor is still on, why for so long? I don't know. Each time I mention the removal of the device, I am ignored.
A: I'm not hearing you had medical treatement. Until you get it there is no record showing you have anything caused by the monitor. Once you have that you can ask to have it switched to the other ankle or made so that you can work a sock in between the brace and your ankle.
You should contact the attorney who represented you so that you can get a change in the ankle monitor.
you are not alone: https://www.themarshallproject.org/2015/07/16/living-with-an-ankle-bracelet
Note however that even in a case with quite severe injuries, there was found to be no liability under the evidence submitted. https://www.casemine.com/judgement/us/599ff54fadd7b05defc9afb3
Also note to make a claim as to any government defendant most states and the Federal Tort Claims Act require that you give a type of formal notice called a notice of governmental tort claim. The time period is usually 180 days. I would suggest you contact the ACLU for the state where the sentencing happened, and ask for their Prison Litigation unit. Even if they don't have it ask for the contact information for their "cooperating attorneys."
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