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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 33073
Experience:  16 yrs. of trial experience
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My Dad wasn't given any medical help for his Dementia,

Customer Question

My Dad wasn't given any medical help for his Dementia, mental health, also he fell in prison, and developed a bad bed sore on his butt, feet, and has not been able to walk since. My is on a respirator, feeding tube, hospice, unable to get out of bed, can't use the restroom, or turn over in bed, or feed himself, has urina trac infection, bones are deteriorating, my Dad had to have blood transfusion. My Dad early release date was October 2015 and my Dad didn't go before the parole board, because he didn't understand what to do. I wasn't notified until the end of April of 2016 when they told me my Dad is on his death bed, I need to get Guardian of my Dad, I got temporary guardian on May 2, 2016 in Jackson Michigan, then I went to Duane Waters Medical Hospital to visit with my Dad and sign papers for medical treatment. Then I was awarded Guardian of my Dad on June 20, 2016. That's when they told me my Dad had Early Stage Dementia, so I have been begging the parole board to release my Dad so he can spend is last days at home with his family. The Parole Board said they were going to have a hearing the first week of August 2016, when that date came they denied my Dad saying he's a threat. The Parole Board didn't even do a visual interview at all. What action can I take against them for their negelation on my Dad's behalf.
Submitted: 3 months ago.
Category: Legal
Expert:  P. Simmons replied 3 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am truly sorry to be the one to bear bad news. It would be an uphill battle to sue the state (to sue the parole board, you are, in effect, filing suit against the state.

The reason this is difficult is due to the doctrine of sovereign immunity. This legal doctrine provides that the state gets to decide how/when you can sue the state.

As guardian, you could file suit on behalf of your dad. But to sue and win, you would have to prove the actions of the parole board are intentional...that is, you would have to prove the parole board is taking this action (holding him in jail) despite knowing that he is not a danger to anyone.

This can be difficult to prove.

IF you could prove it? You could sue for a violation of his rights under the Federal Civil Rights act..this law makes it a crime to violate the rights of another under the color of law.

So if there is evidence that the parole board knows that your dad is eligible for parole and that he is no danger, but claims otherwise and continues to hold him? That would be a violation of his civil rights.

You can contact a local attorney to begin the process of suit...but as I mentioned based on what you are describing I think this is not going to be an easy case to win

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can easily sue and win, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 3 months ago.

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Please rate the answer so I may receive credit
Thanks for your understanding
Phil