Legal Question in Criminal Law in California

Re: Prisoners accident rights

I delayed providing you a reply since I hoped another attorney might answer it, who might know more htan I do. This is a civil matter not a criminal question. However, as soon as the screener say 'prison' he sent this question to all the criminal attorneys.

This is a personal injury case involving the government. And in all governmental torts a claim needs to be filed with the government within six months of the injury. I'm not sure who you would file that with but I'm certain it is someone in Sacramento. And probably not the board of prisons or some other agency. It'll be like the attorney general. Then after the claim is rejected you'll need to file a civil complaint for personal injuries. The standard of care in county jails and prisons is very low. So the case is weighted against the prisoner. I'd try the ACLU, or some prison rights group to find out more about suing governmental agencies.

Lots of luck and don't let the time run. After six months you can kiss the case goodbye.