Can a person involved in a fight in jail seek damages in a personal injury lawsuit?

My boyfriend is incarcerated on child support charges and was beat up by four guys. He received multiple injuries to his head and neck. The guards didn't even see the fight happening, or chose to ignore it. What can he do ?
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Answers (3)

Keith William Weidner

Keith William Weidner

Contributor Level 3
Guards have a legal duty to safeguard and protect inmates from known dangers. If the guards knew that your boyfriend was in danger of being attacked, threats made or violent propensity of the attackers, then a claim for harms and losses against the jail could be made.
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Alan James Brinkmeier

Alan James Brinkmeier

Contributor Level 10
I strongly suggest you speak with an experienced personal injury attorney about multiple injuries to his head and neck.

You might find my Legal Guide helpful "Ethics: Yes I Need a Lawyer!"

http://www.avvo.com/legal-guides/ugc/ethics-yes-i-need-a-lawyer

You need a lawyer. Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
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Irwin R Kramer

Irwin R Kramer Avvo Pro

Contributor Level 5
I concur. If the guards didn't see the fight, the question would be whether the guards were properly monitoring activity in the prison. If not, they could be held liable for resulting injuries. If they saw it and chose to ignore it, this could also be the basis for recovery. However, suing the state or its officials is never easy, so make sure you consult with an attorney that has experience in these types of disputes. Typically, it will take very serious injuries and egregious facts to attract the attention of an attorney on a contingency basis.
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