Legal Question in Criminal Law in California

Prison Guards holds down a prisonner while he getting stabbed

My friends son was just released from a Kern County prison in which they called her to come pick him up. When she gets to her son and sees he's been beaten up badly and his face sliced up. He tells her he was put in a cell with 6 mexican gang members he begged the officers not to put him in with the & they just laughed. The gang members beat

the hell out of him & a some point 1 officer held him down while they sliced him up.

Since he's been released his

mom is getting calls on whether or not he's pressing charges on the officers. How

far will he have to travel? Is

he willing to testify?? He's scared to death to do anything

we live in a small town it's not hard to track a person down. Can't he file a civil lawsuit agianst them? He needs help!!!


Asked on 12/14/06, 10:57 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Prison Guards holds down a prisonner while he getting stabbed

Whether pressing charges is too risky is a question I can't begin answer with the limited facts you have provided.

Your friend's son does have the right to bring a civil lawsuit, but he will need to deal with the people who assaulted him there as well and thus may face at many of the same risks as he would from pressing charges. If he can prove that a guard actually participated in the assault his damages could be substantial.

You say this happened in "a Kern County prison", which is a bit vague. Prisons are run by the state, and there are state prisons in Kern County. The counties run jails, not prisons, and there is at least one Kern County jail. If the young man was actually in a state prison he will need a dedicated civil attorney working on his behalf; both the state and the guards' union have reputations for defending such cases very aggressively. I don't know whether the same is true of Kern County or the union that represents its guards.

I have colleagues with experience handling such cases, and the young man and his parents should feel free to contact me if you want to learn more about his rights.

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Answered on 12/14/06, 2:29 pm


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