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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23204
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My fiance is in prison he has ach, strokes more as time goes

Customer Question

My fiance is in prison he has ach, strokes more as time goes on, has a constant migraine daily for months now, has blood coming out of his penis for the last 3 days and the prison refuses to give him medication or medical care. I don't know what to do. We are trying to save money to try for commutation but im so scared he wont make it in his condition. He had had ach for over 11 years now.
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 months ago.
Hello, I'm very sorry to hear about your fiance. Where is lawyer with all of this going on? This is a major violation of your fiance's civil rights. It is considered Cruel and Unusual Punishment, which is prohibited by the 8th Amendment to the Constitution, for an inmate to be denied adequate medical treatment. This does not mean that your fiance is entitled to the same level of care he'd get if he were on the outside. It does mean, however, that the prison cannot turn a blind eye to a legitimate medical problem. You can see the kind of illnesses that have risen to Constitutional violations in the PDF file that I've attached to my answer. Generally, family members don't get very far when they try to address a situation like this. You already know that all you're getting is a runaround. This is a situation that is best handled by a lawyer. If he has or had one with regard to his case, let that lawyer know what's going on. Not only can he get to see your fiance but he can get the case back before the judge so that the judge can order medical treatment. If he doesn't have a lawyer, the American Civil Liberties Union has been advocating all over the country on behalf of a prisoner's right to safe conditions and adequate health care. Even if it turns out that they cant take on your fiance's specific case, they may be able to steer him to a local civil rights lawyer who can pitch in. The ACLU is at They have branches throughout the United States, and this sort of a situation is right up their alley.
Customer: replied 6 months ago.
My fiance said the aclu has his case when he tried to get help the prison locked him alone in his call for 7 months do you have any advice or help you can give me with that. Please
Expert:  Zoey_ JD replied 6 months ago.
Unfortunately, since I am not his lawyer, there is nothing I can do for him. I can tell you, however, that if he had a lawyer, the lawyer could get him before the judge and order medical attention. He could also call the prison's lawyers and warn them of possible litigation if your fiance is not treated or try to get him transferred to another facility where he'd get better care.

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