These can be hard cases. He has to prove that the jail had reason to know the person was a threat to your son. Had they had incidents before? Had the person attacked anyone else? He needs to serve a Notice of Claim within 90- days of the incident.
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.
The answer is maybe, if corrections was on notice of a possible danger or failed in doing a duty they should reasonably have done then you might have a suit...
You must make certain to give timely notice of claim within 90 days of the incident without court permission , then file within one year thereafter or you lose the right to sue. You give no facts, so I can't give any advice, but having handled a number of these cases, they are diffiuclt to prove and/or get substantial damages.
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