Injury in prison

[MelissaC]

Jurisdiction

Idaho

Hello there,
My son is currently incarcerated in a prison in Idaho. He was wondering if there's a possibility of suing the facility/guards for the fact that the guards allowed an inmate from a different area into the unit where my son is. He said that person started beating on another inmate and the guards didn't stop it from happening. My son stepped in and told the guy to stop, he didn't, then turned on my son giving him injuries to his face and my son broke his hand defending himself. He has written every thing down concerning what happened. And help you could give, advice you have, would be greatly appreciated!

 

[army judge]

And help you could give, advice you have, would be greatly appreciated!

You could contact a lawyer in Idaho and connect him/her with your son.

Even if he retains counsel, or receives pro bono counsel, it'll be a very heavy lift.

Why?

Primarily because your son CHOSE to intervene in a troublesome situation. I won't say it'll be impossible, it'll be very difficult.

 

[adjusterjack]

And help you could give, advice you have, would be greatly appreciated!

The type of lawyer is one who specializes in tort claims against government agencies. There are special procedures involved.

 

[MelissaC]

Thank you both for your knowledge

 

[zddoodah]

He was wondering if there's a possibility of suing the facility/guards for the fact that the guards allowed an inmate from a different area into the unit where my son is.

The "possibility of suing"? Anyone can sue anyone for anything. The better question is whether there'd be an appreciable likelihood of winning if he were to sue.

I agree with "adjusterjack's" response but would note that there are significant issues to overcome given that prison guards have wide discretion as to how they do their job.