Q: My father got covid in jail! Can I sue the jail? Or state?
My father test positive for Covid! 2hours after he was released from county jail! He was wearing the same mask he got booked into jail with. 18days with the same mask! I asked and requested that he get a new mask or if I could bring any in. SEVERAL TIMES!!! Was told “I’ll get him one” spoke to several officers about getting a him a new one and he didn’t not receive a new one! More then six days I’ve asked them to get him a new one!!! When clearly his mask was all tore and dirty! Can I sue for them neglecting to give him one after may complainants? 4days ago my father started to complain that he wasn’t feeling well to infirmary and they did absolutely nothing didn’t even listen! Just ignored him knowing he has stage 4 liver cirrhosis!!! Legally what can I do!! This is unacceptable and many other issues he had while in jail. I was there everyday complaining because no one ever listened!
A: You can sue anyone for almost anything but that doesn't mean you can win. A lawsuit like this would never be a matter of Criminal Law even though it involves the administration of the county jail. This would be a matter of Civil Law and may need to include some sort of Civil Rights argument to increase the chances of getting around the broad immunity that government officials enjoy for mistakes made during the execution of their duties. Consult an attorney who takes federal civil rights cases to discuss your options, if any.
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