There are more than 2.3 million people incarcerated in the United States. To put this number in perspective, the number of people in jails and prisons in the U.S. equals approximately the entire city of Houston.
Free citizens can receive compensation for an injury by filing a personal injury lawsuit, but do inmates have any recourse for injuries sustained while incarcerated?
Can an inmate sue a jail or prison for negligence?
Most personal injury lawsuits are based on negligence. A negligence claim asserts that a person or entity failed to exercise reasonable care and that failure caused your injury.
To establish negligence, you must prove that:
- The defendant owed you a duty of care,
- The defendant breached the duty of care, and
- The breach was the direct cause of the harm you suffered.
Just like people who are not incarcerated, people in jails and prisons have the right to file a lawsuit against the jail or prison. However, inmates face several unique obstacles that free citizens don’t when it comes to filing a personal injury lawsuit.
The Prison Litigation Reform Act
The Prison Litigation Reform Act (PLRA) is a federal law that requires inmates to exhaust all administrative remedies before they’re permitted to file a personal injury lawsuit.
To put it simply, before you file a lawsuit, you must first try to resolve your complaint through the prison’s existing grievance procedures. Unfortunately, there are currently no regulations governing prison grievance processes, and many prisons have made their procedures so complex that inmates have been discouraged from pursuing claims.
If you file your lawsuit before giving the prison the opportunity to resolve the issue, your lawsuit will likely be dismissed.
Qualified immunity for state and federal employees
State and federal employees (such as prison guards in state prisons) are immune from lawsuits (meaning they cannot be sued) unless the lawsuit alleges a violation of a clearly established statutory or constitutional right.
The Federal Tort Claims Act
If you were injured in federal prison, you must follow federal tort claim procedures. Among other things, this means that, before you file a lawsuit, you need to provide notice of your claim to the appropriate federal agency by filing a Standard Form 95 within 2 years of the incident that caused the injury.
Common types of personal injury lawsuits filed by prisoners
Assuming that qualified immunity doesn’t apply and the claim is legitimate, inmates can file a lawsuit for countless reasons. There are, however, certain types of lawsuits that are more common than others:
- Injuries caused by guards or other jail or prison staff. In certain situations, inmates can file a lawsuit against a guard and the jail or prison that employs the guard for injuries caused by the guard.
- Failure to provide medical care. The United States Supreme Court held that inmates have a right to adequate medical care. If an inmate doesn’t receive adequate care, the inmate can file a lawsuit.
- Wrongful death. If an inmate is killed in prison (by an inmate or a guard), certain surviving family members may be able to file a wrongful death claim against the responsible party.
- Habeas corpus. A petition for habeas corpus is appropriate when the inmate believes their sentence has expired or the court didn’t have the authority to sentence them in the first place.
What about the coronavirus?
Unfortunately, COVID-19 has been spreading rapidly through the U.S. jail and prison systems.
Inmates can file (and in some cases, already have filed) lawsuits against jails and prisons for failing to prevent the spread of the novel coronavirus.
There are several different legal theories that can be used to support a lawsuit based on an inmate contracting the coronavirus. However, most of the lawsuits filed to date argue that the jail or prison violated the inmate’s Eighth Amendment rights to be free from cruel and unusual punishment by exposing them to the risk of illness and death from COVID-19.
Do I need to hire a lawyer?
You have a right to sue without a lawyer (known as “pro se”). However, inmates face several obstacles when suing a jail or prison that people who are not in prison don’t face. Consequently, you should strongly consider hiring an attorney.
Some nonprofit organizations represent prisoners for free or at a reduced cost. If you have a good chance of winning your lawsuit, a lawyer might take your case on a contingency-fee-basis. This means you’ll pay the attorney a percentage of your award if you win, but you don’t have to pay the lawyer anything if you lose.
Rosy says
My brother who is currently at the harris county jail was declined medical help when another inmate that was supposed to be supervised at all times, hit him, until now he hasn’t seen a dr, there was no report written for the incident , and the guards failed to protect him , there is a video of the incident…please how can we start the process of suing the jail for negligence, my brother tried to sue the inmate and the sergeant told him oh no there is too many lawsuits sorry
Purple says
How do I get a lawyer for negligence against coronavirus in the prison
I have loved ones and MCI Norfolk Massachusetts Who have contracted COVID-19 and they are not handling COVID-19 correctly in the prisons they are not quarantining the prisoners for the right amount is they are putting them back in with regular population before the quarantine is up the housing coronavirus positive inmates that are sick with non-symptomatic Image. There is no social distance in the presence at all there are a lot of staff walking around with no masks on well we’re in them in properly not much testing going on throughout the staff .
yvette says
i am currently looking for a lawyer who can help me with my dads case he was badlly hurt in a prision in big spring he broke his arm in 2 pieces and his back in 2 pieces the jail failed to help him recover so now he will no longer be able to work or provide for him self his arm is fully healed but his bone heald incorrectly he was also put in a small room as i he was in trouble he could not get up at all because of his back an no one helped him get up he didnt go to the restroom for 2 days and now that he is looking or a way to sue the jail they are not wanting to give him the medical care or the medicine he need for his diabetes
Melissa Gold says
COVID-19 has definitely thrown lots of institutions — including schools, hospitals, nursing homes, and prisons — into a tailspin. If you believe that a particular prison is negligent in its handling of covid cases or protections, you can contact the Massachusetts Department of Corrections and make a complaint. It doesn’t sound like you’re asking about a specific lawsuit or issue, but more about the prison generally. Best of luck. I hope that you’re able to find the answers you need.
Ian Pisarcik says
I’m sorry this happened to your father.
It sounds like your father needs a personal injury attorney who has experience suing the government. You can locate an attorney near you here.
dee dee says
looking for a lawyer or attprney to help my brother in jail, he had coivd and the prsion failed to help him with medical care and ignored his ill signs and pain.. now he is seriously sick which could have been avoided if the prison listened to him the first place
making the story short
Melissa Gold says
Hello, Dee Dee. I am so sorry to hear this. If your brother needs immediate medical care and you don’t think he’s getting it, you can contact the California Department of Corrections and Rehabilitation Office of the Ombudsman at (916) 324-5458.
If you believe his rights have been violated or that he has cause to file a lawsuit against the state of California, you can contact a California personal injury lawyer or the California state bar association for assistance.
Best of luck, and I hope that your brother receives the care he needs and recovers swiftly.
Peter George says
My Grandson is in a Texas prison, he has had multiple incidents with the guard and other inmates during his time in prison most of his incidents are of his own due do his own in-digressions but his last bit of trouble seems like it was institution organized. After his last violation (caught with a cell phone) he was transferred to a higher security prison and was housed with a lifer who promptly raped him at knife point. When the assault was reported he was transferred to another prison and housed with another lifer whom he had testified against during his original trail (they committed their crime together). He was subsequently robbed and beaten. This seems just a little to coincidental. Does he have any recourse for this?
J T says
I was incarcerated in the state of Alabama. Upon being transferred to a new facility one of the guards were informed (not sure by whom) that I might be in possession of contraband (drugs). I was placed in solitary, strip searched, hand cuffed and shackled for 3 days without relief. The water to my cell was turned off. I was told I would be there until I defecated into a bag multiple times. I managed to do this twice. However, upon having the need a third time I was unable to get the attention of staff. After beating and screaming for hours I eventually went on myself. Several hours later when the guards arrived, I was released from the shackles and handcuffs and told to take a shower. They apologized profusely. No drugs were ever found because I did not have them to begin with. Is there anything I can do to?
Selina Morales says
I am writing on behalf of my brother who is an inmate at Larned mental health Correctional Facility in Larned, KS. he has been suffering with ulcerative colitis going on three years the staff treating him has not followed the doctor’s orders, they substituteedmeds with other meds they have numerous times not given him the right dose of the medicine and at time he doesn’t even get the medicine he has been making complaints that his symptoms are worsening just to be ignored and sometimes even ridiculed. my brother knows his body very well and knows that his situation is getting worse I’m very worried for him . the doctor did say he was a high risk for cancer im hoping someone at your firm would be able to make phone calls on his behalf and if there is a case represents him he has all copies of all his Grievances and doctor’s orders for the past 3 years he is very important of your situation I just need somebody to hear his side before it’s too late he’s only 37 years old he wakes up in so much pain its a struggle to get out of bed and shouldn’t be having to experience what it is like not make it to the bathroom in time simply because the medical situation has been allowed to worsen under the care of the state prison system
Elaine Stan says
My son is an inmate at a privately run prison in Virginia.
Three inmates came in his cell and robbed him of his personal belongings.He defended himself and they beat him ,resulting in two black eyes ,,bruised and swollen face ,broken ankle,,etc.This happened because the guard allowed these guys entrance to
an area that they shouldn’t have. Can someone
help
Ian Pisarcik says
I’m so sorry this happened to your son.
Your son should follow the prison’s grievance procedures. He should also reach out to a nonprofit organization that represents prisoners for free or at a reduced cost. You can find a list of these nonprofits here.
Katherine says
My son is in prison in Maryland . He was jumped while he was sleeping hit him with a piece of concrete broke both cheeks had to put a plate in one side broke his jaw broke one of his eye sockets. He was in a minimum security. He had to go and find the co to take him to the hospital he had to have surgery on his cheek and his one eye. They took him to carrol hospital then transferred him to university of Maryland then transferred him to another prison was supposed to take him back to get checked but never did. Trying to find a lawyer to sue the state of Maryland.
Ian Pisarcik says
I’m so sorry this happened to your son.
I would recommend reaching out to the Maryland Prisoners’ Rights Coalition or the ACLU of Maryland.
Julia C. says
I would like to know if an inmate in a correctional facility can make a claim against the jail for a broken and leaking pipe above her cell that leaked water onto the floor causing her to slip and fall and injure her back. She did have knowledge of the leek, and requested a fix by the maintenance company several times prior. Does she have a personal injury case?
Ian Pisarcik says
The correctional facility has a legal obligation to maintain the premises in a reasonably safe condition. If the correctional facility knew about the leaking pipe and failed to repair it, the inmate may be able to sue the correctional facility for any injuries they sustained. First, the inmate will need to exhaust all administrative remedies under the Prison Litigation Reform Act.
Keep in mind, however, that the correctional facility may be able to argue that the puddle was “open and obvious” and, therefore, the inmate should have avoided it. You can learn more about premises liability law here.
Jason vaughn says
My fiancé turned herself in with me there to bond her out. During the process she was put in a holding cell that had feces and blood everywhere. Literally everywhere. She told the guard it was disgusting and the guard said “this is what happens when you come here. She stood the whole time in the cleanest spot possible. There’s a camera and the guard kicked a feces soaked towel out of the cell clearly acknowledging the problem. What can we do? Another guard came to release my fiancé and he even commented about it. There were other open cells and the guard chose that particular one to put her in.
Nellie says
Have a son in Arizona state prison he put a grievance appeal wish was no response as of today. He got pepper spray he was denied proper decontamination put back on the cell denied cleaning supplies were he spend all night burning up I called These cruelty he has been traumatized by there actions am mom and live in ca
selena Mitchell says
my son is in Michigan in Alger the officer there slam his hands in the door time after time for no reason I will like to tell you more what’s going on in the facility.
Melissa Gold says
Hello, Selena. I am so sorry this is happening to your son.
It sounds like you need to speak with someone who specializes in prisoners’ rights. The Michigan ACLU has resources that you can use to ensure that your son is treated fairly: https://www.aclumich.org/en/issues/prisoners-rights. If you believe his constitutional rights are being violated, you can file a complaint here: https://intake.aclumich.org/.
Best of luck. I hope he is doing better.
Ian Pisarcik says
I’m sorry this happened to your son. If your son has not heard back from the appeal, I would recommend contacting the ACLU of Arizona. The ACLU will be able to help or refer you to another organization that can help.
Freebird says
I have a question. I have had severe depression and anxiety. I was laid off during Covid and became ill. I also began menopause at this time. I had a mental breakdown which has never happened before or after. I was arrested in my home for trying to hit an officer and resisting arrest. I don’t remember any of it. I was taking to jail where I was detained for three nights in a drunk tank. I don’t drink. I was then strapped to a chair, had my nose broken while in the chair. They unstrapped me and stood me up and pepper sprayed me in the face. They drug me across the floor naked and refused to give me a pad for vaginal bleeding. I am going through the change and periods come erratically. I was dressed a phone call and food. They never got me medical care.
Do I have something worth fighting?
AJ says
I was released from Fulton County Jail this morning. Before
departing, an inmate flooded his cell with feces because they refused his meds that helps his PTSD which in turn flooded my cell next door twice. The first time, they had trustee vac up water.
But instead of removing the inmate, they allowed him to flood his cell
and mine again with urine and fecal mater around 11pm. Offer came to my cell to notice the second
flooding upon providing meds for my Sickle Cell treatment but
refused to have it cleaned this time i guess out of frustration from the inmate. So around 3;30 am As i was awaken out of my sleep to pack up as i was being released. At this point i slipped, fell and injured my right elbow and shoulder trying to walk through an inch of water with flip flops on carrying a mattress in one hand and bag of clothes and belongs in the other. I just returned from seeing my primary dr as well as getting an xray. Looking for any assistance on what to do next..Thanks In Advance
Cody Dudley says
Lake city Bridges, which is a Community Release Center, wont give me my money they owe me. I called them and emailed them over and over and they keep telling the person I need to talk to is not here or call back in the morning. It’s been over 2 months I need my money I work hard for. I just need to know what should i do? Do I need a lawyer? Please help..
Sheila Williams says
My fiancé was injured when his handcuffs wouldn’t come off upon arrival at the prison. While guards attempted to remove the cuffs the key broke off inside the lock. They tried pulling his hand through which tightened them even more, cutting off circulation. Then they tried jamming a steel rod into the cuffs and jammed it into his arm. Next they decided to use bolt cutters and cut his wrist open which proceeded to bleed heavily. In their rush to remove them they badly injured his arm. They took him to get medical attention and took pictures of the injury. He is currently having difficulty using his arm. Should he pursue a lawsuit while he is incarcerated, or wait until he is released in December of this year or not at all?
Aline Williams says
My name is aline Williams and my son Antwon Williams could not walk for 2 days and I received a phone call so I call to the Tuscaloosa Alabama county jail and The front desk lady named Ms. Williams kept hanging up the phone on me I was. Trying to check on my son and the I hear he has been in the hospital for the last 9 days for scrappy and his feets
Ameena says
My husband is locked up in the feds… Atlanta usp for 5 years, he’s on a class action lawsuits for the water and mold…they transferred him to Welch West Virginia and now he almost died from CO poison while bring beening quarantine that to them taking them outta of quarantine early,he ask me to get him a lawyer…I need some help
Jema says
Hello so my fiance had to turn himself into jail and went to the nurse you know did his vitals when he checked in and everything his blood pressure was like 200 and something over 200 something and she stated to him that his blood pressure was in stroke level. She said that she was going to put him in the system to get check but he’s not really sure she did it but he has been locked up for a month now. And his blood pressure has never been checked since he checked in. He has asked several guards can he go to Medical to get his blood pressure checked and he explain to them why and he also has spoke to Medical about it but they said if he’s not in the system there is nothing they can do. I have also told him to put in request forms to get his blood pressure check and he did and still nothing. Does he have a failure to provide medical care. Even though he doesn’t have any pre-medical history about his blood pressure.
Gale Petry says
I have a friend whose knee became displaced and was left like that for 3 days. Also when he was taken to the ER another time the dr said he needed an MRI on his back and the medical staff at the county jail told him he “can wait until he gets out to get one”. Is this considered negligence as he is in extreme pain daily and does not have a sentence so has no idea if ge will be out soon or how long it could be: thanks
gustavo miranda says
I took a plea deal on June 3rd but when I was booked they put my charge in the 1st degree when it never was even in the 1st to begin with and now that I’ve been released people think I did something way worse than what I was originally charged for I even wrote them a message while I was in custody but they never changed it. This has caused a lot of explaining to people now I feel like I have to carry my paperwork around to prove to people that my charge was not in the 1st
alexander n leonard says
Yes I was in the Montcalm county jail I went to use the shower on July six around 6 00 clock in 2020 as I was showering I was declined a mop bucket because the shower has no lip on the outside to stop the water from coming out in population well I was in showering I was declined a mop bucket was told it was not emergency as I came out of the shower I fell 300 pounds hitting concrete the mall cops came in and tried to blame another inmate. They gave me an ibprofen said I was ok the nurse came in the next day told me to order pain killers on the store list I was declined medical attention when I fell as I was in there I also had my belongings stolen me and my mom were attacked in my back yard by her x boyfriend who keeps stalking us judge won’t singe a restraining order I need help I’m on social security and need legal aid help.
Randall says
Email me and let me know what happened with this case if anything came of it. Thank you.
Tonya Wells says
My boyfriend is in jail. He has a 2nd degree burn on his hand from the shower water. How do we go about suing the facility?
Dilliah says
My son is in Tampa Fl jail. He was assaulted by officers and I put in a complaint to internal affairs. They had the officers involved investigate themselves. My son was out on restriction in lock up. Now they only feed him breakfast. No lunch and no dinner. I feel it’s retribution for me Contracting IA. He also had his jaw broke previously by a group of inmates. They ever let the hospital set it. His face is now crooked because it wasn’t fixed & I’d still original. Can I sue as his mother.? What other procedures can I take to help my son?
Melissa Gold says
Hi, Dilliah. I am so sorry to hear this. I think you likely have a tough road ahead as far as seeking compensation for your son’s injuries. I would start by making a complaint to the Florida Department of Corrections. If you are unable to get satisfaction that way, you should contact a personal injury attorney. It would be hard to say without all of the facts and evidence whether he might be able to recover in a personal injury lawsuit, but he might be able to try. You can use the Enjuris law firm directory to find a Florida lawyer who can help. Best of luck.
Rontigus Bright says
On September 7,2021 five inmates were injured in a transportation van accident. Failing to take any inmate to the hospital should be considered a violation. I acquired a law firm on September 8,2021. For exactly 50 days now every inmate assumes their case is legitimate. Now the law firm received a denial email that restricts any law firm to enter the facilities. This is absurd!! The law firm referred me to another law firm, just to get quickly disappointed!! A word of advice on statue of limitations timing may run out soon!! How do a law firm waste 50 days and then drop 5 inmates like a bad habit???
Keyshia says
My husband was injured in January (broken/shattered ankle) in county jail in LA. He got attacked by inmates as he was running away they chased him downstairs and fell and broken in ankle and they stabbed him in the head. He still can’t walk because they bent the screws in his ankle. Looking for an personal injury attorney.
Ian Pisarcik says
I’m so sorry this happened to your husband. You can find a personal injury attorney using our free online directory. In addition, I would recommend reaching out to California legal aid agencies.
Amy says
My fiancé was in county jail. They gave him a jump suit 2x his size. He was on the top bunk when he got down his foot got caught in the pants (because they were 2x his size) and he tripped. His foot then slammed on the floor. He broke his heel and had to have surgery. Does he have a case?
Worried sis says
My brother can’t wear slippers due to neuropathy. Can’t feel his feet enough to keep them on. While in jail he got an infection in his foot because they would not let him wear his shoes and did not give him another option. When the infection was surgically removed it it went to the Bone and then he had to have his little toe removed. Should they not be held accountable?
Angela says
I am planning to sue the Albemarle Regional Jail kn Charlottesville, VA before the statue of limitations expire in April for not providing minimum care, not following Standard Operating Procedures, and not handling an intellectually challenged inmate correctly.
I have inmate witness, videos, medical records, log from the jail.
Anyone who wishes to stand up for someone you know who has experienced incorrect treatment from a jail, plz inbox me. I want to sue for millions.
Ian Pisarcik says
Thank you for the comment. You might consider looking for a personal injury attorney using our online directory. You might also consider reaching out to the ACLU of Virginia.
Slanef says
My son was injured by correctional officers they came back to his cell handcuffed him to the cell , then proceeded to beat him so severally that they broke his jaw in 2 places leaving him overnight cuffed to his cell, delaying treatment. They refused to let him have his X-rays or have follow up treatment after his surgery to repair his jaw.
Melissa Gold says
I am so sorry that this happened to your son. There are a few ways to file a complaint about your son’s treatment in prison. First, you could contact the Oklahoma Department of Corrections directly and make a complaint. Second, you could contact the Prisoners’ Rights department of the Oklahoma ACLU. The ACLU might be the best option for initial resources for determining how to get help and justice for your son. Best of luck.
cody hatchett says
i was locked up in harris county jail an while being locked up they put me in the cell with both guys who where locked up due to the fact they robbed me an shot me 4 time.. upon being locked up they asked in intake was it anyone i needed to be kept away from i told them about the issue i had with the 2 guys in jail.. an in the same day i was moved into 2 differt cells an beatten bye both guys in two differnt cells in which i had to be rushed to the hospital . i can find a lawyer to help me
Brit says
My husband was in a county jail after being arrested being confused for another person with a warrant. He was delusional and required an ambulance but they thought he was the other guy so they brought him to their station. He was clearly under the influence and in an odd state of mind where he was convinced he’d hurt someone that he never hurt and the cops he was talking to he has history with. From there they took him to the county jail, when he arrived his sugar spiked so high he had switched from delusional to combative. The jail was fully aware and admitted they knew he needed insulin but they did nothing. In fact a guard actually came in and beat him and split his skull where he needed to be transported to the hospital. But they didn’t put him in an ambulance, they took him in a squad car >:( the only good thing about this w was the nurse on duty. She documented the entire encounter to include names even. She mentioned she talked with the jails nurse who said he knew he needed insulin but because he was having a mental break down, they didn’t do anything. Also the excuse of “we need a 24 hour turnaround time” for medicines even insulin so they just deprived him of it.
The nurse was so angry with the guards behaviors she told them that this is what happens when they don’t get insulin. His sugar was so high it wouldn’t even register on the glucose monitor (above 500). A guard told her she needed to remember “he’s an inmate” as if that somehow made him less of a person and she quoted herself yelling at him that he still was responsible for his medical care and he needed the insulin and they refused to give it. She then said the jail nurse and guard “promised” to give him his insulin and long term as well.
It makes me sick that this actually happened to him, they could have killed him. They documented the guard through him into a bench and beat him on the right side of his head that he practically scalped him. He requires staples 🙁 I just got the medical records today but it’s been 2 years. He did file a grievance but from here we are unsure what to do…
Brit says
The guard who also said “he’s an inmate” she documented as the guard who beat him and causes the injury to begin with!
JSD says
My boyfriend has been incarcerated in New Mexico for 18 years, and has experienced gross medical neglect causing him to almost lose his life more than once, come out of remission from leukemia 4+ times and many other things. He’s also caught covid 2 times. Where can I find help. We are looking to sue and get him out.
Jessie says
I want to know how to go about filing a law suit on a jail I was in
IN justice says
My friend is currently charged with a number of felonies that he acquired with the assistance of the negligence and unethical behaviors of certain correctional officers employed at a county jail. For his safety, I will not publically go into much more detail since he is currently detained and law enforcement officials have thus far manipulated the facts.of the case to conceal exposure of the truth of how these charges were able to be obtained. I assisted with legal research for an attorney for 10 years so I am familiar with case law. If not for him, but for the prevention of this happening again in the future, how would we safely present the truth. It looks like there is a potential lawsuit against the Department of Justice for the state of Texas or at least for the county that employed the corrupt/”negligent ” guards. He does not have a bank account big enough to secure “motivated” counsel, so he will probably be stuck with the public defender appointed by the court, which most likely means only the presented prosecutor’s facts will be noted, and the underlying transfer of responsibility facts will be swept under the rug These underlying facts could.be the determinate factors of him receiving a life sentence over a lesser sentence due to the guards not adhering to their ethical responsibilities.
Ian Pisarcik says
Thanks for the comment.
Here is a list of organizations that can help you sue the jail.
Tallulah says
I understand. My brother was in a county jail for over two weeks. Early in his first week he was climbing on a bunk, fell, hit his head and had seizure. On his way down his foot got caught on the bunk (being the reason he fell) and broke his ankle and lower tibia and fibula in leg. He was brought to medic. He was slapped in an ace bandage and given crutches. He was also told his leg was broken. He was held in medic for a week. My brother also has potassium problems and he takes a prescription. He was unable to obtain any of his medications. He also suffers from severe from depression and he has left the hospital that day from a 72 hr hold and ttreatment when he was picked up on warrant for domestic dispute and yes he pushed his wife. He could bond out, but nobody posted bail. This was a good lesson we thought. He would call and say his leg was broken and the medical ward told him, but won’t take him to hospital. We thought he was just trying to make us feel guilty, but after a week he had to go see the judge and all I know is he finally was taken to hospital, put in surgery the next day with a rod and. 17 screws and some plates. His leg and ankle was swollen so bad the surgeon didn’t think he would be able to close. The Dr said he wasn’t sure if he would come out of surgery with a lower leg, but he did well. He had low grade fever and given potassium because it was low and antibiotics because they feared an infection. The guard was awful and my brother was in pain, and I’m sure no joy, but the guard told him he could make his stay really bad when he got back. A guard in medic before he was taken told my brother he wasn’t going in there to serve him and put water at door. He had to crawl to get it because his leg and ankle was broken. He was released the day he was brought back from hospital, but he said this was inhumane and traumatic. He wants to sue
Gordoamundo says
I had a different situation but similar experience when I was in jail. The guards failed to protect me also. The guards have a custodial duty …a duty to act…if an inmate is in danger. The failure to act is criminal negligence. You can bring a criminal complaint against the guards involved. It sounds like the guards don’t deserve carrying Patons. I sure as hell don’t want my guard even guarding a Taco Bell!
Shell says
Can you sue a prison if loved one was severely beaten by inmates on court yard . There wasn’t any ground guards because they where short of staff. Therefore it left inmates in a unprotected setting.
Annie L Simon says
My son had argument with his wife when she realized he had relapsed into drugs. She pressed domestic charges thinking if he were in jail he could detox or we could push for rehab. It was his first time ever in jail. I called concerned when he told me he had a seizure and was ignored. I called and explained the drug situation and that he may be going thru withdrawals. Asking them specifically to keep an eye on him because of health related issues. I spoke to multiple officers as well as mental health officer and someone in the medical dept. My son hung himself and they didn’t notice in time. He has a wfie and 3 children . We have been battling to find a drug rehab facility because he has no insurance and the cost is $650 per day!!!
Melissa Gold says
Hello, Annie. I am so very sorry for your loss, and for the loss to your daughter-in-law and grandchildren. It sounds like you might want to make a complaint to your state corrections department. Each state’s corrections agency has a mechanism for filing a complaint. If you can’t reach satisfaction that way, you can use the Enjuris law firm directory (https://www.enjuris.com/personal-injury-law-firms/) to find a lawyer who can help. Best of luck, and my condolences.
Christy carter says
I was an inmate in Marion county detention center in SC. For two months they wouldn’t take me to the ER I was hemorrhage everyday for two months. After many sick calls to the nurse they refused. She finally took my hemoglobin it was a 5.8 I knew if your iron dropped below a 7 that u should have transfusion. They still didn’t take me to the ER. They started giving me iron pills 3 times a day caise I was so weak and my jeart would race just going to the restroom. We had a case of covid in the jail and all girls were transferred. I went to Marlboro county the nurse there couldn’t believe I didn’t go for a transfusion. We were took back to Marion about after two weeks. I am still bleeding having having blood clots as big as my hand passing daily at this time. Once I returned to Marion I continued making nurse calls being told they couldn’t take me to the ER but she would be checking my iron again soon. This never happened. Few more days pass and I wait for the nurse to leave and when it happened I called guards in. The one guard seen what was all over the floor and in the toilet and was like she needs to go to the ER now. I went that night same thing happen again at the ER when I got to use the restroom. They have no gyn departmemt so he gave me a shot of estrogen and called me in a prescription to slow down the bleeding. For two days they never went and got my medicine. So that morning I did a sick call again asking why and went back to bed. When I woke back up still bleeding uncontrollably. I call the nurse and she calls ambulance to pick me up again. They rushed me to Florence then to Charleston. I had to get transions everyday for a week before the surgery in Charleston. My test results came back as me having stage for cervical cancer. No options for except chemo at this point before they sent me to Charleston the jail lifted my bench warrants so they wouldn’t be responsible for my bills. All doctors from Florence to Charleston were shocked that I had been bleeding this way for 2 months and never getting atransfusion. I don’t blame the jail for my cancer but I believe their negligence with not getting me medical help when I first started has limited my situation to where I can’t have surgery because it is now spreaded to my pelvic abdomen and chest before they finally got me help. Do y’all think I have a negligence case?
Mark says
My incident happen 9 years ago inside muscogee county jail. (Columbus,ga) where I broke a bone in my hand from fighting another inmate. I put in a medical grievance which was ignored and placed inside they hole for 14 days suffering with the broken bone and no medical attention. Later I was received medical attention. Can I sue is it too late. ( all this is documented )
Melissa Gold says
Hello, Mark. I am sorry to hear this. Georgia has a 2-year statute of limitations on personal injury claims. That means the court is not required to hear your case if the injury occurred more than two years ago. You could certainly consult with a personal injury lawyer but it seems as though an incident from nine years ago might be too long ago to pursue legal action.
Melissa Gold says
I’m sorry to hear all of this, Christy. Without knowing the facts (or being a doctor), it would be hard for me to say whether or not the prison was negligent. However, I encourage you to contact the Georgia Prison Policy Initiative (https://www.prisonpolicy.org/resources/legal/SC/). There are experts and resources there who might be able to help. Best wishes to you.
Mike says
I was arrested and charged with ” non payment of child support ” . I was held for 6 days in county jail untill my court hearing.I had proof that the charge was not legit , and was found not guilty.
I was transported back to the county jail and held for an additional 9 hours.
What rights of my person were violated ?
Melissa Gold says
Hi, Mike. It sounds like you’re troubled because you were held after a not guilty finding. It would seem as though that shouldn’t have happened, but without all of the facts of the case, I can’t know for sure what was going on in this instance. I encourage you to find a prisoners’ rights advocate who can advise.