Failure to Protect
The Eighth and Fourteenth Amendments require prison staff to refrain from abusing those men and women in their care. But these amendments also require prison staff to protect these men and women from attacks by other prisoners, or even (in some cases), from the prisoners themselves. That is because when prison officials take someone into their custody, they take away their ability to protect themselves or seek outside aid.
What this means is that if prison or jail staff know that you or your loved one faces a serious risk of substantial harm and fail to take action to protect against that harm, they may be liable for the harm that you suffered. The most common example of failure to protect by staff occurs when prisoners are attacked by other prisoners.
Loevy & Loevy has represented dozens of prisoners (or their families) who have brought claims against prison staff for failing to protect them from harm. We have taken on all different types of failure-to-protect cases, including cases involving a death in custody and cases where the harm suffered was not permanent or severe. We fight on behalf of each of our clients to achieve justice, and work tirelessly to obtain the best outcome possible.
Loevy & Loevy has extensive experience representing men and women in custody in jail or prison. We have filed over 100 cases concerning prisoners’ rights. We have taken on individual clients and represented classes of prisoners numbering in the thousands. We have obtained highly favorable verdicts and settlements for prisoners and/or their loved ones. For more information on our successes, visit our Big Wins page.
Loevy & Loevy has offices in Chicago and Denver, but we take cases across the country and have represented prisoners or their loved ones in states all over the country, including Louisiana, Kentucky, Maryland, Alabama, Arkansas, Wisconsin, and more.
When we take a case, it’s because we believe that a serious constitutional violation has occurred and we are committed to trying to achieve justice for our client. Even though many cases eventually reach settlement, we approach each case with an eye toward getting it into a courtroom. Loevy & Loevy is known for its willingness to take hard cases to trial (and win them), and has a nationally recognized reputation for success in the courtroom.
We always work on a contingency basis in prisoners’ rights cases, so you will not be on the hook for any attorney fees unless we win.
Many prisoners’ rights cases require medical or correctional experts to give opinions about the standard of care in the correctional setting. These experts and other costs associated with civil litigation can cost thousands or tens of thousands of dollars. Loevy & Loevy agrees to front the costs for our clients so that they can vindicate their constitutional rights even if they cannot afford to pay.
If prison or jail officials have failed to protect you or your loved one from harm, contact us today for a free consultation. You can call us at (312) 243-5900, toll-free (888) 644-6459, or contact us online.
You can also write us at:
Loevy & Loevy
Attn: Prisoners’ Rights
311 North Aberdeen St., 3rd Floor
Chicago, Illinois 60607
If you are currently incarcerated, please remember to write “Legal Mail” or “Attorney Mail” on the envelope.
Please keep in mind that all legal claims have deadlines—called statutes of limitations—that require you to file a lawsuit within a certain period of time in order to preserve your legal rights. These deadlines can be quite short (sometimes within six months to a year) and do not stop running even while you are looking for legal representation.
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