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My son is incarcerated at Old Colony Correctional Facility…

My son is incarcerated...

My son is incarcerated at Old Colony Correctional Facility in Bridgewater. He reports that he blacked out and woke up flailing with guards all over him. He reports that he was beaten up badly from this incident. He was put in a segregated population and has been told that he has accumulated sufficient points to move to him to a maximum security.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Massachusetts. The other things you should know are that he was not doing or taking anything that would cause him to black out. He has been diagnosed with mental health disorders since childhood. He has not been able to get meds in prison. He's had multiple head injuries in the past, and currently has a hernia. And he's half Guatemalan and 4'11.

Lawyer's Assistant: Has anything been filed or reported?

He was told that within 7-9 days he would probably be moved to the max.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'd gotten a message from someone who had heard he was in the hole about days ago, but can't make an appointment to see him until that office opens on Monday.I don't know much more. He was given 1 phone call which was very rushed.

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Answered in 2 hours by:
3/11/2018
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,003
Experience: Active member of the NYS bar since 1989
Verified

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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I would hope that your son has a lawyer that he used when he was sentenced to the offense for which he's presently in prison. There may be civil rights violations going on here, but nobody other than your son is going to give you the opportunity or the information you need to find that out and nobody in the system is likely to address any of your concerns.

In my experience family only gets a runaround from prison personnel when it seeks to inquire about health and safety issues.

It is considered Cruel and Unusual Punishment which is prohibited by the 8th Amendment to the Constitution, for an inmate to be denied adequate medical treatment. This does not mean that your son is entitled to the same level of care he'd get if he were on the outside. It does mean, however, that the prison cannot turn a blind eye to a legitimate medical problem. And it should also mean that he shouldn't face internal sanctions for an incident over which he had no control brought on by the lack of necessary medication.

If his own lawyer won't look into this, the answer would be to find a civil rights lawyer who will. The American Civil Liberties Union has been advocating all over the country on behalf of a prisoner's right to safe conditions and adequate health care. Even if it turns out that they can't take on your son's specific case, they may be able to steer you to a local civil rights lawyer who can pitch in. The ACLU is at ACLU.org. They have branches throughout the United States, and this sort of a situation is right up their alley.

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Customer reply replied 1 month ago
Thank you. I forgot to add that he was drug tested and it came back negative .

You're welcome. That doesn't change the over all picture here. But it's certainly favorable evidence that he did nothing unlawful to cause his lack of consciousness.

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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,003
Experience: Active member of the NYS bar since 1989
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