What should you do if you are injured in jail? Santa Fe civil rights attorney Richard "Rick" Sandoval explains your legal options.
As anyone who has ever spent time in jail, or had a loved one in jail, will tell you, jails are not safe places. Jails and prisons tend to be overcrowded and understaffed; jailhouse injuries are not uncommon. As a Santa Fe jail abuse lawyer, Richard A. "Rick" Sandoval has encountered many people who were injured or know someone who was injured while in jail. They all want to know: What can I do now? Do I have any legal recourse? Here is brief overview of your options:
Injuries, or even wrongful death, may occur in a jail setting as a result of:
- Inmate violence;
- Excessive force by corrections officers;
- Psychological abuse by corrections officers;
- Sexual abuse by inmates or corrections officers;
- Dangerous conditions at the jail facility;
- An accident in transporting an inmate to court or from one jail facility to another;
- Deliberate indifference by jail officials in failing to provide medical care or respond to complaints. This includes failing to properly care for people who are detoxing from alcohol or drugs. Withdrawal from some drugs, such Benzodiazepines, can be severe and provoke life-threatening withdrawal symptoms.Benzodiazepines are a class of drugs that produce central nervous system (CNS) depression and that are most commonly used to treat insomnia and anxiety. Alprazolam (e.g., Xanax), lorazepam (e.g., Ativan), clonazepam (e.g., Klonopin), diazepam (e.g., Valium), and temazepam (e.g., Restoril) are the five most prescribed.
A legal claim for jail injuries or death may be brought under state or federal law on number of different theories. Depending on the facts of your case, you may be able to state a claim for:
- Personal injury, based on prison officials negligence (failure to act with reasonable care) in maintaining and enforcing inmate safety. Prison and jail officials have a duty to protect the individuals in their custody from abuse, injuries and death at the hands of guards or inmates. This duty extends to all persons in custody i.e., arrestees; detainees awaiting trial; and inmates serving time following a conviction.
- Negligent (unreasonably careless) training and supervision of guards; or
- Violation of your constitutional rights pursuant to the federal Civil Rights Act of 1871 (42 U.S.C. 1983).
Contact Santa Fe civil rights lawyer, Richard "Rick" Sandoval
You do not forfeit your rights under the Constitution or your rights as a human being when you are held in custody. If you or a loved is injured while in jail, seek help. An experienced Santa Fe civil rights lawyer can conduct a preliminary investigation, and take steps to vindicate your rights and help you obtain just and fair compensation for your injuries. If you would like my counsel, call 505.795.7790or 1-866-BEST LAWYER (1-866-237-8529), to schedule a free initial consultation. We can meet at your convenience to discuss the facts of your case and your legal options.