QUESTION
What can I do to help my brother who was severely injured while incarcerated? He is currently still incarcerated .
Asked on Feb 04th, 2013 on Civil Rights - New York
More details to this question:
I am trying to find out how I can help my 18 yr old brother. My brother was incarcerated last yr he was 17. His crime was burglary 3rd nonviolent with a sentence of 2 1/3- 7yrs. this was his first offense, he was never arrested before and he turned himself in for this crime. He was supposed to get shock. He has been in prison since may, not shock. His co defendant went to shock almost immediately. Since then he has been jumped, his teeth have been knocked out of his mouth, his glasses have been broken and thrown away and he is legally blind without them. The prison have not replaced his glasses and we were told we could not bring him any. His mental health has decreased and I believe he is very depressed. His counselor advised me to speak to a lawyer to see if there was anything that could be done to get him released early due to cruel and unusual treatment. If he had went to shock like he was supposed to, he would be getting out next week. His co defendant is being released from shock next week. Is there anything that can be done?
1 ANSWER
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
1 Award
I suggest you immediately file a notice of claim against the prison (meaning the state or county which runs it), which must be done within 90 days of the incident for which you are suing. If his glasses have not yet been replaced, this is considered an ongoing violation. The lawsuit must then be filed within 1 year and 90 days from the incident. I assume you have no criminal lawyer- if you cannot afford one you must contact your local Legal Aid Society immediately, to handle the matter of your brother's early release- and immediate protective custody, or at least relocation away from his current cell block. Your brother may have an action for violation of his civil rights for failure of the prison to appropriately respond to the incidents you mentioned- and this would be handled by a civil attorney. He must make a written complaint to the sheriff or warden, and bureau of internal affairs, and local district attorney. This will start an investigation into the incidents, as well as the prison. You didn't mention if your brother received dental work, what his injuries were when he was jumped and whether he received medical treatment- but assuming he did not, that is also actionable.
Answered on Feb 04th, 2013 at 5:37 PM