Asked 6 months ago - 11413
Flag
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
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary
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.
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.
* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
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.
“LEGAL REPRESENTATION AND CONSULTING SERVICES THAT GO THE EXTRA MILE”
Jeffrey J. Estrella, Esq.
Licensed Attorney and Counsellor At Law/Abogado y Licensiado
Licensed in New York, New Jersey, and Connecticut
The Estrella Law Firm, P.C.
75-20 Astoria Boulevard, Suite 170
Inside The Bulova Corporate Center
Jackson Heights, NY 11370
T. (347) 628-2391
F. (718) 672-4728
E. Estrella.Jeffrey@gmail.com
www.EstrellaLawyer.com
