Queens, NY asked in Criminal Law for New York

Q: Hello, my brother was attacked while in custody at Cayuga Correctional, he is now deformed -does he have a case?

wondering how to go about getting someone to represent my brother, can someone advise further? TY so much

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1 Lawyer Answer

A: Sorry to hear what happened to your brother. Whether he has a case will depend on whether his attack was foreseeable and therefore preventable. A sudden, spontaneous attack that could not have been foreseen, no less prevented, does not give rise to any legal liability on the part of the State. Given that there are strict deadlines in bringing negligence claims (as opposed to federal civil rights claims) against the State (90 days from the date of incident), your brother should speak with an experienced personal injury attorney. He can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage.

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