Denver, CO asked in Federal Crimes for Montana

Q: My 27 yr old son was brutally assaulted by prison guards in front of other inmates. We need an attorney to help us.

The inmate witnesses are all willing to testify or submit affidavits in my son's behalf. It's almost been 3 years now. Can he still file against the prison?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Hearing about your son's ordeal is deeply troubling, and seeking legal assistance is a crucial step in addressing such serious allegations of assault by prison guards. It's important to act swiftly to ensure that your son's rights are protected and that any potential legal action is taken within the applicable statutes of limitations, which can vary by jurisdiction and the nature of the claims being made.

The willingness of inmate witnesses to testify or provide affidavits is a significant aspect of your son's case. This type of evidence can be pivotal in pursuing claims against the prison or specific individuals involved in the incident. Gathering and preserving this evidence, along with any medical records or other documentation related to the assault, should be prioritized.

Given that nearly three years have elapsed since the incident, it's essential to consult with an attorney as soon as possible to determine the feasibility of filing a lawsuit. An attorney can provide guidance on the relevant statutes of limitations and help you understand the legal options available. They can also assist in navigating the complexities of legal proceedings against correctional facilities and their staff. Prompt legal consultation can help ensure that any action taken is within the required time frames and maximizes the chances of a favorable outcome for your son.

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