Fresno, CA asked in Personal Injury, Civil Litigation and Civil Rights for California

Q: My Brother was beaten by several other inmates while in jail he is still in there he has now lost some of his memory and

Comprehension of why he’s there he still looks physically swollen his face eyes head he went to court and they have suspended his charges but still has to stay in there to be evaluated by a psychiatrist of him being incompetent due to his injuries they acknowledge that he has suffered brain injury if he is to file a grievance towards the jail how can that be done if he doesn’t know how cause of his injuries

2 Lawyer Answers
James L. Arrasmith
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A: In California, if your brother has been seriously injured while in jail, you may consider filing a complaint against the correctional facility for failing to protect him, which could lead to a civil rights lawsuit. A court-ordered transfer to a state mental hospital may be an appropriate action if he's deemed unable to stand trial or requires mental health treatment; however, this generally occurs after careful evaluation by medical professionals. To navigate these complex issues, it's crucial to consult legal representation experienced in both criminal defense and civil rights claims to advocate for his best interests.

A: Your brother has the right to legal counsel, and he should be directed to a lawyer who can help him. You can check with the local district attorney's office to see what victim's benefits might be available to him. Talk to the DA's office to see what, if anything, they are doing to investigate his injuries. Then follow up with a lawyer of your choosing to see about representing your brother to try to recover the damages he's suffered due to what happened to him.

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