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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111638
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have kinda a big case my man is in prison in Torrington

Customer Question

I have kinda a big case my man is in prison in Torrington Wyoming and is only in there due to medical. He was sent to Tc in Casper wy and then told that he had to go back to Torrington due to medical reasoning and he has been in there about five months now and should of had everything done by now. The facility just changed providers so everything has to be started over again. They told him he is not allowed to go back to Tc until he is medically cleared. Is there anything that states that he can't be held due to medical if he doesn't want the sugery and he is really ok to go to Tc and the only reason they are doing is for money and he has been cleared by the old doctor more then once to go back and then the nurse says he's not they r playing games with him and its ok what can he do so he doesn't have to get this and can go to Tc so that he can be out here with his family. We have a son to raise and this is just making life 10xs harder
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Legally, the prison can refuse to allow him back to the prison until the treating doctor signs off on the release. If the prison doctor will not sign off on the release and there is nothing wrong with him any longer and he is physically able to return to work, then the only recourse he has is to first file a written appeal to the prison warden and director of the department of corrections, because the warden and director of the department of corrections are the final say so as to who goes to what prison facility.
If the warden and director refuse to allow the transfer, then there really is only one remaining recourse (and it is not often granted) and that is to file an appeal to the courts to vacate the decision of the department of corrections as being arbitrary and capricious and without good cause.
This is the process he would have to use to get transferred back and the process can take quite some time once you get the director of the DOC involved and if you have to go to court it can take well over a year and would necessitate getting him an attorney to file in the court.