Visitor Question

Facial injury from attack in correctional facility…

Submitted By: Leslie (Auburn, New York, USA)

I got attacked while waiting in a line in an Auburn Correctional facility. I am currently a prisoner there. The Correctional officer was not there, where, by law, he was supposed to be to prevent things like his. I received an inch and a half cut through my left eyebrow up onto my forehead.

Do I have a case against Auburn Correctional Facility for neglect, causing bodily injury to my face? Any information you can give about attacks in jail would be appreciated.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Leslie,

Because the correctional facility is an agency of the State of New York, it is protected by the legal theory known as Sovereign Immunity.

Under sovereign immunity, the prison and it’s employees, including correctional officers, are not liable for injuries sustained by inmates. As a result, you would technically be unable to succeed in any lawsuit you might consider filing.

In some cases, sovereign immunity can be waived by the state. It’s often waived when inmates are injured due to the negligence of the facility or its employees. In your case, it’s unlikely the correctional facility will waive its immunity.

Moreover, as long as your injuries were medically treated, that will be the likely extent of what you receive. From the facts you present, it’s very unlikely you will be entitled to compensation for your pain as suffering.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 20, 2014

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