Legal Question in Civil Rights Law in Wisconsin

I need some legal help with this problem

What could you do if a loved one was beat up in the jail? And the jailers did not stop it from happening. what could he do?


Asked on 1/26/07, 6:18 pm

1 Answer from Attorneys

Jonathan Safran Samster, Konkel & Safran, S.C.

Re: I need some legal help with this problem

If your loved one was beaten by another inmate, the jail should have a policy that would involve discipline, either internally or by the police/district attorney's office as to an additional crime. If he or she can prove that the jailers did not do anything to stop it, meaning that they knew about it before and did nothing to avoid it, or they saw it happening and did nothing to halt it from continuing, that your loved one should pursue all administrative remedies within the jail, and he/she could also file a Notice of Injury form, pursuant to Section 893.80, Wisconsin Statutes, within 120 days of the event, with the proper city or county clerk, if it was a city or county jail. If it was a state-run correctional facility, then the Notice should be filed pursuant to Section 893.82, Wisconsin Statutes, with the State of WI Attorney General's office. That will preserve their rights to pursue a future claim for any injuries or damages. They may need to then file a Notice of Claim form, prior to filing any future law suit. Then, there are Statutes of Limitation which will require a settlement or a lawsuit within specific time periods, depending upon claims being made under State or Federal law. You or your loved one should consult with an experienced attorney to discuss the specific details of the incident and what claims might be made. Please have that consultation done soon in order to preserve all potential legal claims and rights.

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Answered on 2/11/07, 1:05 pm


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