my son was incarcerated in 2020 for having drugs he is an addict. While he was incarcerated he was raped. got arrested again and was beaten and not allowed to bathe for 12 days. I have a private attorney but he needs a civil attorney
The U.S. Supreme Court held that prison officials can be liable if it is proven they act with deliberate indifference to an inmate’s health or safety that results in serious harm. This can be illustrated if officials know a prisoner may face a substantial risk of serious harm and they disregard this risk by failing to take reasonable measures to prevent it. It is not necessary to prove criminal wrongdoing or actual knowledge of an impending attack or potential danger. “Deliberate indifference” was characterized as “subjective recklessness.”
It should be noted that lesser standards (in some cases, negligence) can be enough under state law to impose liability for failure to protect an inmate from sexual assault. Your son needs to retain counsel here in Florida for contingency fee representation. The sucess of his case depends on the unique facts and circumstance surrounding the rape.
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