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. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
I changed the Tag for you.
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This needs to go in the PI section.
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Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com
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, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com
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.
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