Prison Abuse Legal Action

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My son is currently in prison and is a victim of failure to intervene which resulted in him getting beat with a trash can until his head needed Staples while the officers stood on the other side of the door after they called at *:*
I'm sorry to hear about your son, ****. Did this incident happen in an Illinois prison?
Yes
What is the name of the prison where this incident occurred?
Big muddy River correctional center
I'm sorry to hear about your son's situation. Has he filed a complaint with the prison administration about this incident?
I believe he has but I'm not totally sure I know he went to the law library today
Do you know if your son has any legal representation currently?
No he does not
What is the extent of your son's injuries? In Illinois, prisoners have the right to be free from cruel and unusual punishment, which includes excessive force and failure to protect.
Well as brave as he is he's not going to tell me everything because he doesn't want me to worry however he did tell me that he had to go get Staples in his head
Has your son received any medical attention for his injuries? In Illinois, prisons are required to provide necessary medical care to inmates.
Just the Staples in his head I don't know about anything else my son also has a heart condition and while dude was beating him up he was also kicking him while he was on the ground and his face head body and the guards were on the other side of the door they didn't even pop the door they just watched it
Did your son's heart condition worsen due to this incident? In Illinois, failure to provide necessary medical care to inmates can be considered a violation of their rights.
So far I'm not sure because they probably haven't checked it and he probably hasn't said anything about it he had surgery on his heart when he was seven I'm more worried about his head than anything he seems kind of confused after the incident
Has your son experienced any cognitive or behavioral changes since the incident that might indicate a traumatic brain injury?
Yes like I said he seems confused delirious forgetful
Has your son been evaluated by a medical professional for these cognitive changes since the incident?
Probably not but I'm not sure
Has your son been able to document or gather any evidence of the incident or the officers' failure to intervene?
He has not been able to gather any information as far as I am aware I just know that they refuse to give him any names of the lieutenant insurgent and Co after the incident
Has your son requested the incident report from the prison administration? In Illinois, prisoners have the right to access their own records.
Yes but him requesting failed like I said they're not giving him any information that he's asking for
Has your son considered filing a lawsuit for violation of his civil rights under Section * of the Civil Rights Act? In Illinois, this can be done to address prison abuse.
That is what I'm speaking to you for
What is your son's current health condition after the incident? In Illinois, under Section * of the Civil Rights Act, prisoners can sue for violation of their rights.
I'm sorry I cannot answer that question as I have not heard from him only through email they canceled all of my video visits prior to this he was sent to seg because he asked for a roll of toilet paper and the guard refused to give him one so he cursed at the guard and the guard sent him to segregation and gave him the roll of toilet paper that he asked for anyway however they only get one roll of toilet paper a week
What is the current status of your son's complaint with the prison administration?

In Illinois, prisoners have the right to file grievances about their treatment in prison. If the prison administration does not adequately address these grievances, prisoners can appeal to the Illinois Department of Corrections.
They have only refused all of his grievances asking for evidence all of it they will not do anything for him
Has your son considered appealing to the Illinois Department of Corrections regarding his grievances? In Illinois, if the prison administration does not adequately address grievances, prisoners can appeal to the Illinois Department of Corrections.
Yes of course my son is a very smart young man and like I said he was going get to the law library today
What specific information or resources is your son looking for in the law library? In Illinois, prisoners have the right to access legal materials.
I'm not really sure he explained to me that the lady at the law library couldn't help him because she was only a real estate lawyer I told him what he needed to file myself failure to intervene and the dude also should probably be arrested or ticketed for aggravated battery with intent to bodily harm or death
What steps has your son taken to file a complaint for failure to intervene and aggravated battery?

In Illinois, prisoners can file a lawsuit under Section * of the Civil Rights Act for violation of their rights.
None he needs legal representation
What type of legal representation is your son seeking? A civil rights attorney, a personal injury attorney, or a criminal defense attorney?
Civil rights attorney
What is your son's current status in the prison? Is he in solitary confinement or general population?
His current status is grade b in general population
Has your son been able to communicate with any other inmates who might have witnessed the incident?
I'm not sure of any witnesses this was done inside of the cell however the prison does have cameras
Has your son requested the prison administration for the footage from the cameras? In Illinois, prisoners have the right to request such information.
He has indeed requested everything that you have asked me with no luck
Has your son considered reaching out to the American Civil Liberties Union (ACLU) of Illinois for assistance? They have resources to help with civil rights violations in prisons.
No he has not however I am affiliated with that group but he really needs to speak to somebody as soon as possible because they're not treating him any better after the incident they're treating him worse
Has your son considered filing a complaint with the Illinois Department of Corrections' Office of the Ombudsman? They can investigate complaints about the treatment of inmates.
I'm not sure I'm assuming that maybe why he was going to the law library but I'm sure there's a few things that he doesn't know this is his first time in prison obviously and he's only 21 years old
What specific actions have the prison authorities taken against your son after the incident?

In Illinois, it's illegal for prison authorities to retaliate against inmates for filing complaints or grievances.
I believe that the gentleman that put my son in segregation to begin with retaliated against him with the other gentleman maybe even spoke to the other inmate and had the inmate do it because there was a problem with this particular inmate he got mad at my son for talking to a transgender and retaliated against him wanting him to leave the cell and ask to be moved when they couldn't be moved quick enough because it was a weekend the gentleman went into the cell at lockdown and told my son that if he didn't tell the guards that he was going to walk then he was going to beat the crap out of him well my son asked for the doors to be popped the guards ignored him and the gentleman started beating the crap out of him I think the guards planned it out
Has your son been able to identify the officers involved in the incident?
The sergeant that put him in solitary confinement his dad also works at the facility and he is a lieutenant my son said that a lieutenant and Sergeant witnessed the altercation and stood there and watched
Has your son considered filing a complaint with the Illinois Department of Corrections' Office of the Inspector General regarding the alleged misconduct of the officers?

In Illinois, it's illegal for prison authorities to retaliate against inmates for filing complaints or grievances.
I'm totally unaware of anything that's happened after the incident except for them not giving him any information or evidence to file a claim and him going to the law library
Has your son been able to contact any external organizations or legal aid services for assistance with his case? In Illinois, organizations like the Uptown People's Law Center provide legal assistance to prisoners.
My son is actually in there for possession of methamphetamine he was only in possession of less than a gram of methamphetamine but he took a plea bargain because the inmates in the Knox county jail we're treating him unfairly and the guards there weren't doing anything about it also
What is the current status of your son's plea bargain case?

In Illinois, possession of less than * grams of methamphetamine is a Class * felony, punishable by *-5 years in prison and a fine up to $*,*.
At the time of his conviction in sentencing the judge allowed him to be eligible for the impact incarceration program however some way somehow the judge was not aware that the impact incarceration program had been canceled due to covid-* which was really kind of weird to me because the judge should have known that it was closed until further notice when my son went to Statesville they told him that in order to be in the impact incarceration program that he was eligible for through them also he had to wait a year in stateville well the program only lasts 4 months so my son just went to another facility
Has your son considered filing a complaint with the Illinois Department of Corrections' Office of the Inspector General regarding the alleged misconduct of the officers and the misinformation about the impact incarceration program?

- In Illinois, prisoners can file complaints about misconduct of officers and misinformation about programs.
- Illinois Department of Corrections' Office of the Inspector General: *-*-* ext. *.
I don't believe so
Would your son be interested in seeking help from a legal aid organization that provides free legal services to inmates in Illinois?
IDOC also put his admission date for October 12th left it on there for 3 months however he was in the county jail still until January 5th when IDOC said that he was admitted in October of * I'm not sure if they got paid for his housing and that's why they made him admitted when he wasn't but however somebody would find that out they should give him that 3 months because they got paid for his housing and he wasn't there that's how I feel
Has your son filed a complaint about the discrepancy in his admission date with the Illinois Department of Corrections?

In Illinois, prisoners have the right to accurate record-keeping. Any discrepancies should be reported and corrected.
With the prison being overcrowded and understaffed those two are violations of their civil rights
Has your son considered filing a complaint about the overcrowding and understaffing issues at the prison?

- In Illinois, prisoners can file complaints about overcrowding and understaffing issues.
- Big Muddy River Correctional Center: (*) *-*.