An inmate (relative) died while in prison. No written notification, death certificate, autopsy report, or cause of death was provided to the next of kin. It’s been 11 months since the death and all of this information is difficult to obtain.
What is the facility required to do and what recourse does the family have to know the cause of death?
How can we get this info and what are they required to provide? Is there an investigation into whether it was a wrongful death? What should we do?
Thanks for any information you can provide.
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Answer
Dear Sally,
The Virginia Department of Corrections is required to make available limited inmate information such as inmate location/address and anticipated release dates.
However, you also have the right to request additional information about your relative by filing an Open Records request. To do so download an “Operating Procedure” request here:
VA Department of Corrections – Operating Procedure
In the event you do not receive the information you need under the public records request, you would be best served by seeking the advice and counsel of an attorney.
Attorneys have the ability to access more information than you can. They accomplish this through filing a separate public records request and meeting with the representatives of the Department of Corrections.
If that fails, the attorney can file a lawsuit and then begin the discovery process through
subpoenas, depositions, request for production of documents, and more.
Learn more here: Jail and Prison Inmate Injury Claims
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