Am I entitled to compensatory damages and negligence against DeKalb County Jail?

Asked over 1 year ago - Lithonia, GA

When he was sent. to a yr in the county jail he informed them that he had keratoconus. They put him in population while he did his time literally with his eyes closed. Other inmates stole from him and fought him. Due to the contin. lights in DeKalb County they acknowledged that he had a vision problem he was transfrd to the medical floor (popltn) and he went from a 0 (2007) to a 10 (2013)according to Grady Hospital as a fall risk. They say the lights worsened his vision. He is no longer independent and his condition has worsened. DCJ agreed to have the surgery done with his private insur. while he was incarcerated to prevent this from happening they failed to do so now he no longer has insur. He has numerous grievances and medical request forms. When he was released they lost his property.

Attorney answers (4)

  1. William James Atkins

    Contributor Level 9

    3

    Lawyers agree

    1

    Answered . Tough to answer this one without more detail. Among other things, the case would be subject to different legal analysis depending on whether he was sentenced to serve more than one year, i.e. he was in State custody; or less than one year, i.e. he remained a County inmate. If he served all of his time in DeKalb Jail, I assume he was a county inmate. If so, individual jailers can only be held liable if they demonstrated deliberate indifference to the inmate's known medical needs. The deliberate indifference standard presents a very high bar, but it is not insurmountable with the right facts. Some of the facts you describe suggest that there may well be an actionable claim here under applicable Federal law. State law generally offers no recourse, although DeKalb County does use an independent company to provide medical services. It is sometimes possible to bring a medical malpractice action against such a company under state law. I would encourage you to speak with a qualified civil rights attorney as soon as possible. These cases are subject to strict time limits.

    This response is provided for informational purposes only. It is not a consultation and is not legal advice. You... more
  2. Lauren Elizabeth Goodhart

    Contributor Level 12

    3

    Lawyers agree

    Answered . Before you can consider taking any action, you must give what is called "ante litem" notice within the required time period. I don't know how long ago this occurred, and so I can't determine if there is even a case to pursue. You should contact a lawyer to make sure all requirements are met timely.

  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . A local civil rights lawyer in Lithonia can investigate

  4. David Ian Schoen

    Pro

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . You need to clarify the facts as well as whether this pertains to you or someone else. Whoever was injured should consult with an experienced civil rights/personal injury attorney.

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