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  #1  
Old 04-20-2017, 04:38 AM
Clmaddox Clmaddox is offline
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Exclamation Son victim of assault by another inmate - fractured orbital bone 8 stitches

If anyone could please help me find an attorney to represent due to neglect of prison for letting this happen to my son. He has been approached and demanded to pay this guy money twice. This time the guy took action and beat my son with lock in sock. Fractured orbital bone 8 stitchesSo unfair my son is now locked down in confinment for protective custody but he is the victim and all his privileges have been taken from him. Not fair!!! I have not been able to talk to my son since it happened. He wrote me and said he is scared to death and fears for his life. Please help me find some answers to this.
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Old 04-20-2017, 06:03 AM
CenTexLyn CenTexLyn is offline
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You likely will not find anyone who is willing to take the case on contingency. Even if you are willing to pony up the large sum it takes to litigate against a State agency, you will find few willing to take the case on precisely due to the inherent difficulties in suing the State.

Assaults happen in prison. Outside of single-celling EVERYONE, there is no way to prevent them. Even if he has provided specific name and other information about the extortion to staff, it is an extremely uphill battle because you have to demonstrate that there was an abuse of professional discretion by administrators.
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Old 04-20-2017, 06:12 AM
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Thank you just like you said ive contacted many attorneys even ones given by the fl bar assoc. No one will take it. So do you know where this goes from here he is just sitting in confinment.
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Old 04-20-2017, 06:39 AM
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It's very common for everyone who is involved in a fight gets locked in the shu until the "investigation" is conducted. I hope he will be released from protective custody, but not until they rethink how to keep him safe somewhere other than the same general population at this prison.

The assailant might only face prison conduct violations, or a new criminal case in a state court. The decision will be up to the prosecutor's office after a recommendation from the prison special agents.
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Old 04-20-2017, 07:57 AM
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First, let me welcome you to PTO.
Prison isn't a pleasant place. A lot of times, it's quite dangerous. My husband has been in adseg, so I understand the frustration. I will never forget the feeling of getting the letter that started with "I'm OK" and then went on to tell me what happened. It's frustrating when they lose privileges and they didn't do anything.
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Old 04-20-2017, 08:33 AM
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Thank you angela. Im just so worried about his mental status going thru all this he is a very good hearted boy not used to being around such riff . One time screw up ruined his life and is ruining his attitude toward people. Making him bitter!
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Old 04-20-2017, 08:43 AM
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Actually in reading this it reminds me of zero tolerance policies they had at one of my kids schools.
My son gets beat up, and they suspend both kids, even after mine didnt fight back.

Im sorry this happened. I hope he is taken out of solitary soon.(and put elsewhere that may be safer)
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Old 04-20-2017, 08:48 AM
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This happened to my man as well, lock in the sock to the back of his head, two deep gashes but he didn't want to get stitches but sat PC for 11 days. He asked to be transferred and he was about 5-7 days after coming out of PC.
The reason why? Who knows... didn't like his face or whatever... It's a flipping war zone...
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Old 04-20-2017, 09:21 AM
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Another question I have is why house minimum custody inmates with medium and close custody inmates!! Really what a bunch of bs!
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Old 04-20-2017, 08:15 PM
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In my experience the basic attitude in jail is that we don't care if you're safe, as long as we don't have to do a lot of paperwork after an incident. I heard of many cases where guards supposedly fomented fights.
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Old 04-21-2017, 02:59 AM
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This is brainstorming and not anything that I know is going to work.

Does Florida have crime victim advocates who try to help crime victims get some kind of justice out of the system? Next question, will they ignore a prison inmate?

I'm on your side, so understand that when I say something discouraging. Everything's stacked against you. There's even a Federal law that you can't even sue until after you've gone through every step and every appeal of the system's internal grievance procedure.

Here's something else that might not work and might backfire. Think carefully first.

Sometimes when people contact their state legislator the legislator will have a staff member ask the prison what's going on. Sometimes the prison suddenly starts following their own procedures when that happens. You're risking retaliation if you do this.

I wonder if the prison was even following their own procedures. It's really basic penology to sort inmates by how dangerous they are.

Any other useless ideas I can come up with? I wouldn't expect the ACLU National Prison Project to help but they're in a position to know which local lawyers might take the case. You might tell them anyway. If they're awake during work hours they must be preparing class action suits against the Florida system, it's that bad and they have to know it. I'd talk to them about mixing low and high risk prisoners. It's the kind of system-wide policy problem the ACLU is more likely to act on.
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Old 04-21-2017, 03:41 AM
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I just want my son safe while doing his time. He is not denying that he needs to pay his debt to society for his crime. He is a model inmate . No corrective actions or disiplinary actions have been written on him. He reads and writes when he is not at his assigned work duties on the farm. I just cant understand why they dont segregate these types of inmates from the sorry no good ones that just want to continue a life of crime. Im so mad!! More upset because my son feels like he is being punished because he is locked up in confinment with no privilages just the man who assaulted him. Unreal! And the state doesnt consider this cruel and unjust!!! What is our world becoming because of the type of people we have in control!

Last edited by Clmaddox; 04-21-2017 at 03:45 AM.. Reason: Misspellings
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Old 04-21-2017, 09:47 AM
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Quote:
Originally Posted by Clmaddox View Post
What is our world becoming because of the type of people we have in control!
I have a lot of respect for the kind of people who, like you, can still think about the world when their own flesh and blood is in danger.

Florida has a lot of work ahead of its citizens in cleaning up the prison system. If I lived there I'd be starting with the mental health system, or maybe electing better prosecutors.

I will cheer you on.
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Old 04-21-2017, 10:23 AM
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I know you don't want him in the hole... He's safe though.
Is this his first time inside? Also, if he's in fear for his life, that might by why he's still in the hole...
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