Legal Question in Personal Injury in Massachusetts

my son is incarcarated in the house of correction in massachusetts. a few weeks ago he was assaulted my another inmate because he thought he was someone else. when my son tried to defend himself the officer intervened but according to rules there should have been two officers. the man who attacked my son tried to bite my sons nose off, bit him hard in the chest and on the arm. the officer held my son and because there was only one officer the other man came around and kicked my son in the face. Now my son will have this terrible scar across his face. Is there any way my son can sue the prison for this because there should have been two officers (one for each one). The guards know that my son wasn't doing anything and they know that this man thought martin was someone else. this inmate also has history


Asked on 4/06/10, 2:16 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

i do not see a question.

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Answered on 4/11/10, 7:28 pm
John B. Stewart

You may have difficulty finding an attorney to take the case, but as an academic matter there probably is a theory of recovery that could be pursued. You certainly would not have a Mass. General Laws Chapter 258 (Mass. Torts Claims Act) claim because the inmate causing the harm to your son would be the "original cause" and you cannot sue public employees for not preventing that harm. A claim under 42 USC Sec. 1983 (civil rights law) might be possible but difficult, the standard of what you would need to prove is very difficult. There may be other theories of recovery. Good luck. Regards, JBS

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Answered on 4/12/10, 3:15 am


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