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starving in jail

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alterarbor

Junior Member
What is the name of your state?Illinois
I was arrested for driving on revoked on june 11 and put in jail. While being booked the jail officer asked if I had any restrictions as far as diet--I told them I did---LIQUID DIET---I had a broken jaw---showed them the wires on teeth. They gave me regular food--could not eat it. Kept telling them that and they ignored---got to see nurse at 11:00 am june 15--she agreed with me and I received chicken noodle soup--It was quite good I might add--officers told me later that they thought I was lying about broken jaw because I could talk--they didn't bother to explain the wires in my mouth--OH!! WELL!!--Just don't want this to happen to anyone else--is there any legal recourse or since I was in lock up --it just doesn't matter---Just wandering????? Thank You
 


badapple40

Senior Member
This violates your constitutional rights to be free from cruel and unusual punishment. File against them, federal court, 42 U.S.C. 1983.

Farmer v. Brennan, 511 U.S. 825, 832, 848, 128 L. Ed. 2d 811, 114 S. Ct. 1970 (1994) (stating that Eighth Amendment requires prison officials to provide humane conditions of confinement, including adequate food, and holding that any relevant evidence can be used to establish officials' disregard of known risk of serious harm); LeMaire v. Maass, 12 F.3d 1444, 1456 (9th Cir. 1993) (recognizing that the Eighth Amendment requires that prisoners receive food adequate to maintain health).


You may need to file something internal, e.g. a complaint to the jail, asking for redress and settlement first (exhaustion of administrative remedies).

Damages are somewhat unquantifiable, but arguing hunger pains, humiliation, weight loss, and what not might get you there. Moreover, since you told them, seems to me this might be grounds for a punitive damages case.

That said, the fact you told the guards about the condition puts the jail on notice, and thats a big problem for them.

I often think prisoner suits are not worth the paper they are printed on, but in this case, I think you've got something.

Go see a civil rights attorney. If they think they've got a good case, they'll take it, since the statute allows for attorneys fees if you prevail.
 
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