I want to know if my husband has a lawsuit

Asked over 1 year ago - 11413

My husband was assulared while he sleep by another inmate in rikers island..he suffer broken jaw and he 2 front teeth were knock out..my husband infrom me that there was no co that was watching the inmates...he also states that he was in drom with sick inmates and he is not sick.the captain have not came to speak with him and they also will not let him go to mental health to be elvaluated for trama..they tell him he is a big guy he








dont need to go what should I do
with. sick inmates and wasnt susp

Attorney answers (9)

  1. Eric Edward Rothstein

    Contributor Level 20

    12

    Lawyers agree

    Answered . I have handled cases like this before... there are 2 possible legal theories. 1) did Riker's have notice that the other inmate had violent propensities? Did your husband complain about him before the attack? Had the person assaulted others before the attack? 2) The second, and harder theory, is that there was insufficient security. Your husband needs to serve a Notice of Claim on the City of New York within 90 days of the incident in order to preserve his right to sue.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  2. Michael J Palumbo

    Pro

    Contributor Level 19

    9

    Lawyers agree

    Answered . There may be liability on the part of the city.

  3. Maria C. Tebano

    Contributor Level 15

    7

    Lawyers agree

    Answered . Repost your question in the personal injury section of AVVO. Good luck.

  4. Lawrence Allen Weinreich

    Contributor Level 18

    7

    Lawyers agree

    Answered . This needs to go in the PI section.

    I hope you found this answer helpful and if so, please let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated. You can also choose a "best answer" if you wish. This is easy to do and greatly appreciated.

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    This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.
  5. Jeffrey Bruce Gold

    Pro

    Contributor Level 19

    5

    Lawyers agree

    Answered . I think that you should retain a lawyer to preserve the right to sue. The lawyer will file a notice of claim, and then obtain records relating to the inmate that assaulted him.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more
  6. Peggy Margaret Raddatz

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . I changed the Tag for you.

    IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO... more
  7. Jeffrey Mark Adams

    Contributor Level 20

    4

    Lawyers agree

    Answered . Good luck

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  8. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Rothstein laid it out well.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  9. Jeffrey Jose Estrella

    Contributor Level 13

    3

    Lawyers agree

    Answered . Yes. Get a lawyer to file a notice of claim right away then examine the records via a FOIA request to determine whether they knew or should have known of the danger to your husband and failed to take precautions to protect him. They are responsible for inmates safety in their custody. Also you need the medical records showing the extent of your husband's injuries. Their failure to mitigate by having him examined in the jail may also be a critical factor. The case will probably be settled for a good amount once put into suit but it needs to be done right.

    THE ESTRELLA LAW FIRM, P.C.
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    The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20... more

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