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  #1  
Old 09-07-2017, 08:58 AM
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David's Sister David's Sister is offline
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Default Need Federal Lawyer my brothers personal injury case in Vandalia Illinois.

I am in need of a lawyer that will take my brothers personal injury case in Vandalia Illinois. I have called every lawyer that I can find and I must be missing something because I can not find one to assist. Please if anyone knows one can you send me information.

Thank you for your help
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Old 09-07-2017, 10:31 AM
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I am not a civil lawyer, but I have to play friendly with some from time to time.

Based on what you're saying, you are looking for a 1983 lawyer and the lawyers who have reviewed the basics of the case do not see a high likelihood of success, your case would involve a great layout of money on the part of the law firm, or your case would involve a lot of time. There's also the possibility that your brother didn't follow procedure, the case hasn't given the state to properly resolve itself through the grievance process.

Let's unpack this a little, and I'm not saying your case falls into any of these General categories.

1983 cases get their name from the federal law under which the suit occurs - a violation of civil rights pursuant to section 1983 of I can't remember what chapter of the US code. Under section 1983, the attorney recovers costs and fees and all of that IF the attorney wins the case. Cool if you can win. Here are some of the bars to such a case:

1. Limited governmental immunity. If I punch you and your jaw breaks, you can sue me and probably win. If a cop punches you and you break your jaw, you might not be able to recover from the state/Feds if the punch was thrown in the course of the officer's duties, apparent duties, etc. so basically, the officer has to punch you for no real or imagined reason that can be tied to government process.

2. Lack of injury. The bumps and bruises of life are just that. To actually recover, you need a real, enduring injury. Injured pride, no recovery. Injured feelings, no recovery. Injury easily and quickly healed? Not worth it.

You gotta remember these cases are not quickly resolved, so attorneys have to be reasonably sure of the value of the case before going ahead. It could be years or decades before recovery. The Attica prisoners injured or killed in the riot in the '70's waited almost 30 years before they saw a dime. Their attorneys didn't see a dime for near 30 years as well. It is hard to keep your lights on when you could be waiting that long to see a dime from your effort.

I gotta run.
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Old 09-08-2017, 09:28 PM
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Jay Hurst, Esq. did a case against Butner. It was tremendously expensive and he may have written about the experience. I know little about civil law, but Hurst said dealing with the BOP was much more demanding than dealing with a corporation or individual.

No one will take it because the probability of winning is 1% or less.
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Old 09-09-2017, 12:13 AM
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I can't remember enough search terms to find the link, but I did read one article about Federal Supermax abuses which said that the BOP is so well funded and fights so hard that even the ACLU hesitates about taking them on.
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Old 09-09-2017, 01:46 PM
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What would be ideal is if the OP could find a class action against the prison or prison system that would fit the injury that needs to be addressed. This way there are already attorneys working on the case.

But in terms of actually getting money out of the prison - it's a long, long wait.
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Old 09-09-2017, 04:57 PM
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This was an inmate on inmate assault.

http://www.prisontalk.com/forums/sho...d.php?t=701951
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Old 09-09-2017, 07:06 PM
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Quote:
Originally Posted by safran View Post
This was an inmate on inmate assault.

http://www.prisontalk.com/forums/sho...d.php?t=701951
Ah, thanks. Yeah, he's screwed in as far as a PI goes. Med male is an option, assuming he has submitted requests to see medical and their care does not meet the standard of care for his condition. Sounds like he has received care, but that care has not addressed his concerns. Is that the SOC for the condition? Dunno.

Can he join some federal suit dealing with fighting prisoners and the medical aftermath? Dunno. Not my area. Do know that a federal suit will not force them to move him or give him the care that the OP wants.
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