Do I have a case?

[Mcarp208]

Two days after being arrested in Riverside County California I was assaulted by a guy that I shared a cell with. It was a cheap shot that broke my jaw. I had a broken jaw on both sides and it took them 2 weeks before i went in for surgery. I now have permanent nerve damage. My lower jaw and my bottom lip are numb. Its like i just got out of the dentist. I find myself drueling while trying to eat. Is there any case I might file against the County of Riverside.

 

[quincy]

Two days after being arrested in Riverside County California I was assaulted by a guy that I shared a cell with. It was a cheap shot that broke my jaw. I had a broken jaw on both sides and it took them 2 weeks before i went in for surgery. I now have permanent nerve damage. My lower jaw and my bottom lip are numb. Its like i just got out of the dentist. I find myself drueling while trying to eat. Is there any case I might file against the County of Riverside.

Is there any case you might file against the County of Riverside? Possibly. You probably have a better suit against the fellow who broke your jaw.

You can consult with a personal injury lawyer in your area to discuss your legal options.

 

[Mass_Shyster]

Prisoner litigation is a specialty area of law. Because of the Prison Litigation Reform Act, most claims cannot be brought in Federal Court. The most common reason is failure to exhaust administrative remedies. If you did not file the proper grievances while you were in jail, a Federal (Civil Rights) lawsuit against the jail will likely fail.

Google PLRA for more information.

 

[quincy]

Prisoner litigation is a specialty area of law. Because of the Prison Litigation Reform Act, most claims cannot be brought in Federal Court. The most common reason is failure to exhaust administrative remedies. If you did not file the proper grievances while you were in jail, a Federal (Civil Rights) lawsuit against the jail will likely fail.

Google PLRA for more information.

Mcarp would have to follow state and federal tort claim procedures in order to file a suit.

Although it is possible that the County of Riverside could be held liable if it can be shown there was inadequate supervision or the prisoner housed with Mcarp was known to have violent tendencies (with negligence shown by officials in not anticipating possible violence against cell mates), fighting sovereign immunity is not something one can easily do on one's own. Mcarp would need to consult with an attorney in his area.

I still see that the most viable claim would be against his attacker, although it is possible his attacker has a good defense that we currently know nothing about.

From what I have read of Riverside, this is definitely not a place where you want to be jailed (so it is best to obey the law so you don't wind up there).

 

[Zigner]

I think the OP may be concerned about the lack of timely medical care for his injury...

 

[LdiJ]

I think the OP may be concerned about the lack of timely medical care for his injury...

That is my interpretation as well. OP is suffering from what may be permanent damage as a result of not getting timely medical care. That is purely the negligence of the jail. I am quite certain that he was asking for medical care the whole danged time.

 

[Zigner]

That is my interpretation as well. OP is suffering from what may be permanent damage as a result of not getting timely medical care. That is purely the negligence of the jail. I am quite certain that he was asking for medical care the whole danged time.

That's a conclusion that we can't quite reach. The OP will need to have independent medical experts determine whether or not his injuries were exacerbated by the delay in receiving surgery. It's entirely possible that he did receive medical care in line with the normal standard of care.

 

[LdiJ]

That's a conclusion that we can't quite reach. The OP will need to have independent medical experts determine whether or not his injuries were exacerbated by the delay in receiving surgery. It's entirely possible that he did receive medical care in line with the normal standard of care.

I would find that very hard to believe. Its virtually impossible to miss a broken jaw, particularly a broken jaw on both sides. So, if he got any medical care at all, then there is malpractice in there as well. Other breaks can sometimes be missed, but not a broken jaw.

 

[Zigner]

I would find that very hard to believe. Its virtually impossible to miss a broken jaw, particularly a broken jaw on both sides. So, if he got any medical care at all, then there is malpractice in there as well. Other breaks can sometimes be missed, but not a broken jaw.

What if the nerve damage wasn't caused by the broken jaw?

(That's why we need an expert.) While it looks clear-cut to us laypersons, the OP's going to need an expert opinion in order to prove anything to the folks who matter.

 

[quincy]

I agree with Zigner that we do not have NEARLY the information necessary to make definitive statements like "it is purely the negligence of the jail."

Mcarp said it was two weeks before he had surgery. He did NOT say his jaw injury was not treated.

The best we can say from this distance and without benefit of all of the facts is that he MIGHT have a legal action to pursue, if not against Riverside then perhaps against the other prisoner.

He also might NOT have any legal action to pursue.

He should see an attorney in his area for a review.