Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I am very sorry for your son's situation. OVERVIEW
This may fall under 'cruel and unusual punishment.' The Eighth Amendment to the United States Constitution
states that cruel and unusual punishments shall not be inflicted. The Courts have held that prison officials are obligated under the Eighth Amendment of the US Constitution to provide prisoners with adequate medical care. In order to prevail on a constitutional claim of inadequate medical care, prisoners must show that prison officials treated them with "deliberate indifference to serious medical needs." Estelle v. Gamble, 429 U.S. 97, 103 (1976).
The factors considered in determining whether a "serious medical need" is at issue are (1) whether a reasonable doctor or patient would perceive the medical need in question as important and worthy of comment or treatment; (2) whether the medical condition significantly affects daily activities; and (3) the existence of chronic and substantial pain. Brock v. Wright, 315 F.3d 158, 162 (2d Cir. 2003) (internal quotation marks, citation omitted).
This arguably qualifies as such. This gives rise to a possible federal case under the following:Title
42, U.S.C., Section 14141 - this civil statute was a provision within the Crime Control Act of 1994 and makes it unlawful for any governmental authority, or agent thereof, or any person acting on behalf of a governmental authority, to engage in a pattern or practice of conduct by law enforcement officers or by officials or employees
of any governmental agency with responsibility for the administration of juvenile
justice or the incarceration of juveniles that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.
Title 18, U.S.C., Section 242 - this statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the United States;
Title 18, U.S.C., Section 241 - this statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States;
Alternatively, similar actions under state law may be brought in state Court.YOUR OPTIONS
Of course, you wish to simply ensure that your son is cared for, and not to file a suit. As such, an attorney's letter
to the Department of Corrections that threatens
suit unless they take proper steps to care for him and the tube issue may have the Department of Corrections take proper action, fearing litigation
unless they act.
I know you stated that you have attempted to talk with an attorney, but, you may wish to speak with 2-3 before you find one that works for you.
May I recommend the Wyoming Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP. Choose CIVIL-RIGHTS as the area of law.
Normally, the attorney should be able to take care of this matter simply with a letter. And, it is not that expensive at all to create such a letter.
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