Q: I reside in what my mom calls a correctional facility. One evening, a large number of residents were gathered together at a school building that is used for evening programs. Two of them attacked me.
At the time of the attack, we were all preparing for ‘go back’ – or return to our housing units. I was a leader of my class. So I was required to clean up my classroom and then stand just outside the doorway to await inspection and release by an officer.
Without warning, I was punched and slashed across my face from behind with something like a razor. I was completely surprised and had no reason to believe this might happen. The attack lasted only a few seconds, and an officer came to my aid after less than a minute.
A: Having assumed physical custody, the State owed a duty of care to safeguard you, even (or especially) from attacks by a fellow resident. You can not possibly be expected to protect and defend yourself in the same way as a person at liberty.
Indeed, regulations that have been drafted by the State require that an officer maintain constant contact and consistently monitor resident behavior for the very purpose of preventing such an assault.
Your lawyer will point to an identifiable risk of assault in such a facility. The residents were congregated. They were being moved. This was no time for anyone to be placed so far from an officer.
By: Scott Baron,
Attorney at Law Advertorial
The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.
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