Can I sue for injuries received while wrongly held in jail?

Question

I was falsely imprisoned, because of a former employer was supposed to have been taking out child support payments. He was taking money from my checks, but was not appling it to my child support, and as a result of that, I was locked up from Feburary 2, 2012 thru April 15, 2012.
During my incarceration, I was beaten by another inmate and got my leg severly injured. I am a truck driver but I've been suffering with so much pain that I can't work. My question is, who should be held accountible for my injuries? Do I have a case against my formal employer or prison that I was housed at?

Gregory Casale · Answer

It will depend on whether the state acted in good faith as to who you can/should sue, but either way, it sounds like you have a good case.

Michael Sgarlat · Answer

Interesting case, I'd like to  hear all of the details.

Stephen Lombardi · Answer

Answer: Yes, but it's really difficult to prove and to convince a jury you are deserving enough to be handed money damages. Jurors think anyone  accused is  probably guilty. I don't believe that but most lay people do and that  makes an  jury especially tough.

David Stoddard · Answer

You may be able to sue your employer for failing to send in the payments. However, the court could conclude that your injuries were not proximately caused bethe employer's negligent handling of the claim.  It is worth a try. It will be difficult to sue the prison.  You would have to show that the prison had inadequate security.

Emma Hilario · Answer

Liability for personal injury must pass certain tests to determine actual liability.  My office does not represent this type of personal injuries you are inquiring about. Also, the fact pattern given is not sufficient to determine actual liability.   This response does not create an attorney client relationship between this attorney to do any work for inquirer.  Inquirer is urged to seek advise and representation from a counsel, since there is a statute of limitation of 2 years from date of injury.

Michael Yurasov-Lichtenberg · Answer

It appears that you have a case against your former employer and against the state.  You should not delay consulting an attorney because your action against the state will be barred if you do not act within a specific period of time after being injured.

Mindy Bish · Answer

You may in fact have a case against your employer for failure to pay the support payments which he or she withheld from your check.  Your damages would include your incarceration and subsequent injuries.  In addition you may have a case against whomever guarded the jail you were in but there are simply not enough facts to make that determination.  In addition there is a specific time period and other actions you must take.  Be sure to consult an attorney to ascertain what your time periods are.

Dennis P. Mikko · Answer

Yes, a jail is responsible for your safety while in their custody.  You have the 8th Amendment right to be free from cruel and unusual punishment.  There may also be a claim against your former employer who it sounds like absconded with your money.

Mark Smith · Answer

Not the former and the prison would not be liable unless they knew or   should have known that your life was in danger.

John T. Wagener · Answer

Anyone that can pay the filing fee "has a case." I don't understand why you were incarcerated for failing to pay child support. You may have a claim against your employer for conversion of your paycheck/wages if it took the money as a deduction and then did not pay it out as required.  As for the injury, you might have a claim against the jail depending on what it knew and did or did not do.  Some provisions of the Governmental Tort Immunity Act pertaining to "POLICE AND CORRECTIONAL ACTIVITIES" may impact your ability to recover.

Michael Lehner · Answer

From the information you have provided I believe your best action would be against your former employer. Actions against the jail are much more difficult to prove, especially since your injury was caused by another inmate rather than jail personnel. The case against the employer could be based on simple negligence for failing to correctly apply the withheld funds or alternatively could be based on the employer's intentional conduct in misappropriating  and misapplying your money. Your damages could include medical expenses, and pain and suffering for the injury as well as for the arrest and related expenses.

Michael Yeksavich · Answer

Make an appointment to see an attorney, especially about your former employer.

Ronald A. Steinberg · Answer

You have a case against the former employer. Not against the government.

Irving Blank · Answer

You do not have a claim against your former employer for your injuries.  You may have a claim against the jail, but it is a very difficult case and you will definitely need a lawyer.

Ernest Lee · Answer

Friend:                  You may have a case against both. If the jail was improperly unsafe and you were placed in an unreasonably unsafe environment you may have a suit against the  government that administers the jail,  although they most probably have a certain amount of immunity. In addition, you may have a better case against the person who "framed" you  if you can prove that he intentionally performed  his fraudulent activities.  Does this person who failed you so miserably  have a certain amount of wealth (deep pockets) or does he have insurance? This is what may be required to truly make you whole.

Mark Leonardo · Answer

You may have separate claims against each.  Keep in mind as to the prison, you need to file a Government Tort Claim within 6 months of the incident.  They will likely deny the claim, as they almost always do, but you have to go through that process before you can sue.  If you don?t, you will be barred.  If you are past the 6 month date of the beating, you can apply for late relief.  I do not recommend trying to do either of these on your own as there are many technical rules.  I strongly suggest you contact an attorney that offers a free consultation to ascertain your rights and to discuss all of the details.

James Osak · Answer

BOTH!  Contact a personal injury attorney.  You'll have to sue them in Federal Court for BEST chances.

Thomas Bulman · Answer

You are responsible to make sure your child support is paid.  What did you think when your checks got larger?  Deadbeat dad by accident?  No case against anyone except the con that beat you.  You can sue him for assault and damages.

John Brennan · Answer

There is insufficient information's provided to be able to properly answer your question.  Call my office, or another attorney with the details and for an appointment. You have a number of possible causes of action from the facts stated.

Jon Buchholdt · Answer

You can.  But, probably not successfully.

Michael Heilmann · Answer

The jail is protected by Governmental Immunity in most cases. They had a valid reason to arrest you if the child support was unpaid. The employer may be held liable for failing to transmit the funds. Whether or not they are responsible for the criminal acts of a third party is a different matter. You will need to hire a lawyer to answer these questions.

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Can I sue for injuries received while wrongly held in jail?

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