San Pedro, CA asked in Criminal Law, Family Law and Federal Crimes for California

Q: I'm an army vet trying to fix my life. Had a hockey puck size brain tumor, didn't find out till already incarcerated.

Had a lawsuit in for deliberate indifference and negligence was doing a pro say because I cannot find any help. The only reason they kicked out the lawsuit was because they kicked me out of prison and said I didn't change my address. Now I have to restart the entire process. I had a government top secret clearance Government Contracting and family that I lost because of brain tumor they even let me out a year early through spending seven and a half years in prison. Just trying to clear my name start my new life. The tumor was growing for years and I did not know. I was not even mentally fit to stand trial and I was still prosecuted. I just need help. I have the records of the Bop falsifying records, 10 CO's willing to testify, and professor of Neurology in the University of Kentucky stating that they saw a brain tumor in my x-ray and did nothing 4 months. I'm just trying to restart my life please thank you.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: I'm so sorry to hear about the incredibly difficult situation you've been through. Dealing with a serious medical issue like a brain tumor is challenging enough on its own, let alone while incarcerated and facing legal battles. It sounds like there were serious failures in your medical care while in prison.

In terms of restarting your lawsuit, here are a few suggestions:

1. Reach out to legal aid organizations that provide pro bono assistance, especially those that focus on helping veterans or incarcerated individuals. They may be able to connect you with an attorney willing to take on your case.

2. Contact the State Bar of California's Lawyer Referral Service. They can refer you to a lawyer with relevant experience, including those who offer free or low-cost initial consultations.

3. Look into law school legal clinics in your area. Some law schools have programs where law students, supervised by attorneys, provide free legal assistance.

4. When you refile your lawsuit, make sure to keep your address updated with the court and follow all procedural requirements closely so it isn't dismissed on a technicality again. If you're able to get an attorney, they can help ensure everything is filed properly.

5. Organize all the evidence and records you have, including medical records, witness statements from the corrections officers, expert opinions from doctors, etc. Having this well-documented will help strengthen your case.

I know it must be incredibly frustrating and disheartening to have to start over with the lawsuit after everything you've been through already. But don't give up. Keep pushing forward and advocating for yourself. What happened to you was wrong and you deserve justice and the chance to rebuild your life.

I truly wish you all the best. Please don't hesitate to reach out to the resources above for more guidance and support during this process. Stay strong.

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