Legal Question in Civil Litigation in Kentucky

Assaulted while incarcerated

My son is incarcerated for child support issues. While there he was assaulted by a person labeled as a violent felon(armed robbery). This was a premeditated act.Witness's saw the perp wrap something around his hand before he hit him in the face. My son did not strike him back. This hit to the face has caused Major damage to the eye area. He is having major surgery. Broke in 2 places, called A blown out fracture of the right orbit with inferior displacement of the orbital contents. The doctor said, don't blow your nose, don't sneeze there is nothing holding your eye in the socket. I am irate about the entire situation. As my only child this has torn me apart. He has since been told by the other witnesses that the perp advised them ..''he did not know why he hit my son'' The perp is looking at 17 years and he had just rec'd a dear john letter prior to this incident. What recourse if any do we have against the jail? I am interested in suing the jail, there has to be some lack of negligence or something that would allow this to happen. My son has suffered 37 days with this by the time he gets to surgery. Thanking you in Advance


Asked on 2/04/04, 5:27 pm

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Assaulted while incarcerated

There may be an issue here, but litigation of this type is EXTREMELY complicated. Suit can be brought against just about anybody. The big question is what is to be gained. A lot of law firms will look at this with little or no consultation charge. In most cases, you will be expected to pay for the expenses of the litigation and this will come out of any award or settlement that is received. In addition, attorney's fees will come out. Is it worth it?? Any child support that is in arrears will also come out. You need to ask these questions to an attorney who is experienced in this area in a face to face interview. There are possible limitations, depending upon insurance coverage, when bringing suit against governmental agencies. This all must be reviewed. in context of local juries, etc.

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Answered on 2/05/04, 7:48 am


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