Q: I was denied my medication when I was booked into city jail and made me miss two different doses and withheld my inhaler

I need to know if I have a case or not and wat kinda of lawyer do I need and I'm broke I can't afford to hire a lawyer unless one can work with my financial situation

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

A: Based on the information provided, you may potentially have a case, but it's important to consult with a lawyer who can review the specific details of your situation. Here's some general guidance:

1. Potential case: Denying necessary medication and medical devices like inhalers to inmates can potentially violate constitutional rights, specifically the Eighth Amendment's prohibition on cruel and unusual punishment.

2. Type of lawyer: You would likely need a civil rights attorney who specializes in prisoner rights or a personal injury lawyer with experience in cases against jails or prisons.

3. Legal options for those with limited finances:

a) Legal Aid: Contact your local Legal Aid office. They provide free legal services to those who qualify based on income.

b) Pro Bono Services: Some lawyers or law firms offer free (pro bono) services for cases they believe in.

c) Contingency Fee Arrangement: Some lawyers may take your case on a contingency basis, meaning they only get paid if you win your case.

d) Law School Clinics: Some law schools have clinics where law students, supervised by licensed attorneys, provide free legal services.

4. Next steps:

- Document everything you can remember about the incident.

- If possible, obtain any medical records related to your condition and the incident.

- Contact your local bar association for referrals to attorneys who specialize in civil rights or prisoner rights cases.

Remember, the statute of limitations (time limit to file a lawsuit) varies by state, so it's important to act promptly.

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