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Timothy D. Smith
Timothy D. Smith, Attorney
Category: Legal
Satisfied Customers: 1968
Experience:  10 years practicing IP law and general litigation
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Where do I start to help an inmate who has PTSD shot in back

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Where do I start to help an inmate who has PTSD shot in back by best friend. Anyway he has begged to keep segregated from group his dis order was not being treated and he was placed in with 150 inmates. He walks with a cane and for 2 weeks he was harassed until of course they push to breaking point now he is in level4 threatened to be placed back in same situation on levedl4 it was level2 .He is in paranoid situation scared for his life and I cant stand by do nothing. They don't treat his pain seriously nor his need for mental health. I am very concerned if his rights are being compromised?
Submitted: 10 months ago.
Category: Legal
Expert:  Timothy D. Smith replied 10 months ago.
I hope this message finds you well, present circumstances excluded. If you have not contacted the California Department of Corrections, you need to file a formal complaint with them so as to exhaust all administrative remedies. The next step you need to take to assert exterior pressure and perhaps even garner expert legal assistance free of charge is to contact the American Civil Liberties Union (ACLU) in California and explain the situation with them and ask for assistance.

The ACLU will likely contact both the jail as well as the Department of Corrections. That is one reason it is important that you have also contacted both of those entities.

You need to have a game plan as to what objective you want to accomplish when you contact the ACLU or any other entity. What are you trying to accomplish? It sounds like segregation in view of the illness and treatment, it sounds like treatment (perhaps chemically as well as through counseling) and you also want the unconstitutional cruel and unusual punishment to stop immediately.

As a means of last resort, you may need to petition the court that convicted him for an order to move him from this correctional institution to another that is better suited to handle an inmate with these particular mental and physical issues.

So, in summary, start by filing a formal complaint with the department of corrections. Then, you need to contact the ACLU and request assistance. As a last resort, you may need to petition the court of conviction for a change of facility to accommodate his needs.

Let me know if you have any additional questions or comments.

Best wishes going forward and you are to be commended for your willingness to help this person.
Timothy D. Smith, Attorney
Category: Legal
Satisfied Customers: 1968
Experience: 10 years practicing IP law and general litigation
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