Q: My friend was injured in prison, due to faulty showers. His injuries are severe. They refuse to bring his meals to him.
His injuries are due to a ceramic shelf inside the shower. It broke and he fell into it, slashing his upper back. He fell and reinjured a low back injury, caused from deputies jumping on him. (Another lawsuit). He's unable to walk to get meals and the prison refuses to bring them to him.
A:
In this situation, your friend may have grounds for legal action against the prison. The prison has a legal duty to ensure the safety of its inmates and to provide necessary accommodations for those with injuries or disabilities.
Here are some steps your friend can consider:
1. File a grievance: He should file a formal complaint through the prison's grievance system, documenting his injuries, the cause of the injuries, and the prison's failure to accommodate his needs following the injury.
2. Seek medical attention: He should request immediate medical attention and ensure that all injuries and medical needs are documented by the prison's healthcare providers.
3. Contact an attorney: He may want to reach out to a civil rights attorney who specializes in prisoner rights cases. Many attorneys offer free initial consultations and may take cases on a contingency basis.
4. Gather evidence: Your friend should keep detailed records of the incident, his injuries, and any subsequent interactions with prison staff. If possible, he should also collect witness statements from other inmates who saw the incident or can attest to the prison's failure to accommodate his needs.
5. Consider contacting oversight organizations: He or his family may want to reach out to organizations that oversee prison conditions, such as the California Department of Corrections and Rehabilitation's Office of the Inspector General or prisoner rights organizations.
6. File a lawsuit: Depending on the circumstances and the advice of an attorney, your friend may choose to file a civil rights lawsuit against the prison for violating his Eighth Amendment right to be free from cruel and unusual punishment and for failing to provide necessary accommodations for his injuries.
It's important to note that pursuing legal action against a prison can be a complex and lengthy process, but it may be necessary to ensure your friend's rights are protected and that he receives the care and accommodations he needs.
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