Saturday, January 16, 2010

What type of lawyer handles cases against a prison?

I think I have a serious case against a jail in KY but I don't know what type of attorney handles that kind of a case. So, if anyone out there knows the type of attorney that handles prisoner rights and stuff like that please let me know.What type of lawyer handles cases against a prison?
Someone who specializes in civil rights or Constitutional law. Your state's Bar Association will be able to give you names of attorneys in your area who specialize in this field.What type of lawyer handles cases against a prison?
The procedure for doing this varies from jurisdiction to jurisdiction. I'm not familiar with KY statutes, but most likely any attorney allowed to practice law in your state (if you have to be licensed in your state) can file a civil case on your behalf to collect damages. Also, most jails and prisons have a formal grievance process that you can use to start the paper trail. Some states actually require that you exhaust these procedures in order to get permission to sue a government entity. At any rate, I would begin by consulting a criminal defense attorney in your state.
I only know of two cases that sued a jail and a prison and won. In the case of the lawsuit against the jail, a young diabetic lady was falsely arrested and the local jail refused to give her her insulin shot and she either died or went into diabetic shock and the parents got a lawyer and sued. In the second case a Prison in Texas was sued and they were medically negligent also and refused to bring an inmate to the doctor and he had cancer and died and his relatives got a good criminal defense attorney and won but in these cases it was serious medical negligence. I would call the Bar and ask.
The type of lawyer you need depends upon the type of problem you or your relative has encountered in the prison. If the issue is one of prison discipline, you should consult a competent criminal attorney with experience in the administrative process within the prison. If the question is one of a prisoner's right to something like religious observances or health services, you may be best served by a Civil Rights attorney. I do not know the setup in Kentucky, but you should contact the local bar association's prisoners' rights project, which is most likely accessible on the web or by phone. In addition, most law schools have a prison's rights program, often providing professor-guided student efforts on a ';pro bono'; basis. You should contact the school and/or one of its Criminal Law professors.
You can just call around to a few crimianl defense attorneys and if they don't wish to handle the case they will usually give you the names of the best attorneys they know. I found a great attorney that way!
I would say most any lawyer would handle a civil litigation case...I would advise finding a lawyer out of your county since it sounds like you are wanting to place a lawsuit against the county.

No comments:

Post a Comment