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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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I am looking prison lawyer

Customer Question

I am looking for a prison lawyer
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Samuel II replied 2 years ago.
This is Samuel and I will discuss this and provide you information in this regard.
Can you explain a little more, please, what is the situation and what information I can provide for you in that regard?
Customer: replied 2 years ago.
I have a brother that is facilitated in a California state prison, level 4. Recently, about two weeks ago, he was viciously attacked by a fellow inmate which almost caused my brother's life. I do understand this type of violence occurs inside prison walls. However in this situation, it went from bad to worse due to the actions of the prison officials that were on duty at the time.
My brother was caught off guard and attacked by another inmate, who was known to have some type of mental illness. This inmate slashed my brother's throat and face, which almost caused my brother to bleed to death. At the moment when this incident occurred, the Correctional officers responded by separating them. Though my brother was hurt, he was still able to breathe and have some sort of conscious. It was until one of the correctional officers decided to pepper spray my brother and handcuff him. Not only did he pepper spray him for one second, but he pepper sprayed him for about five seconds. After my brother was pepper sprayed, he was desperately gasping for air while bleeding out. Keep in mind when my brother was attacked, he did not fight back because he was on a state of shock from the surprise attack. This gave the correctional officer no reason to pepper spray and handcuff my brother. Soon after the nurses arrived, they were having difficulties trying to stop the bleeding. The nurses were shouting to the officers to give my brother space and call for help. In these certain life or death situations, the prison officials have to call for a helicopter so the inmate can be transferred to a hospital right away. The officers did not do that, instead they had an ambulance come. It took a while for the ambulance to arrive, but when they did arrive, they put my brother on a respirator and helped to stop the bleeding. This was crucial, because at that moment my brother was already going in and out of consciousness. The correctional officers did not help aid my brother, but instead they were simply watching him die while he was still handcuffed. My brother is currently in the hole. He is traumatized from the event and is completely distrustful with the guards. The prison did not notify the family about the incident. My family later found out what had happened through one of my brother's letter. Officers report does not explain the part where they handcuffed and pepper sprayed my brother. My brother explained to me how "nice" they have been treating him lately. The officer's behavior is not normal at all.
My brother and his family would like to hire an attorney to bring this matter to court. I would appreciate any helpful advice or information on any prison lawyer in the state of California.
Expert:  Samuel II replied 2 years ago.
HelloThank you. I am sorry to hear of this situation for your brother. I suggest, that in addition to contacting a local CA attorney, you can consider contact the Dept of Justice and filing a complaint and asking them to investigate the prison, guards and policy as it applies in this matters. You can call(###) ###-#### ***** may also write to:U.S. Department of JusticeCivil Rights DivisionSpecial Litigation Section, PHB950 Pennsylvania Avenue, NWWashington, D.C. 20530As for a local attorney to assist, I suggest you can use the CA Bar Association for a legal referral service. (###) ###-#### ***** you are out of state, you can call(###) ###-####