Hogan Injury > Blog > Ask a lawyer > Holding the State Prison Liable for Stab Injuries Sustained

Holding the State Prison Liable for Stab Injuries Sustained

QUESTION:

My son was stabbed while he was in prison. Can I sue them?

ANSWER:

Under California law, an incarcerated inmate must exhaust all administrative remedies before suing the state in a civil action based on conditions arising from his or her confinement.

There is a six-month limit for filing an action after the Victim Compensation and Government Claims rejects the inmate’s government tort claim, but the time during which the inmate reasonably pursues administrative remedies is excluded from this time limitation set forth on Gov.C. § 945.6(a)(1).

Work with a lawyer who is an expert in personal injury in order to be properly guided on the steps to take when claiming remedies from the state.

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