Let's face it, prisons aren't exactly sterile environments. And some states (e.g. California) are just regaining control of health care in correctional facilities after federal authorities had to take over because of allegations of substandard care.
Therefore, getting sick in prison is a distinct possibility, especially if you have a previous condition like diabetes or heart disease. So if you get sick in prison, or if your condition worsens due to prison conditions, can you sue for damages?
Finding the Right Claim
Filing a lawsuit for injuries in jail or prison can be tricky. There are several options, depending on the circumstances, and each has its own legal hurdles and pitfalls:
Finding the Right Defendant
As all of the above claims are particular to certain scenarios, they are also limited to specific defendants. For example, Bivens actions can only be brought against federal prisons and employees, while CRIPA complaints only apply to state-run institutions. And Section 1983 lawsuits can only be filed against state and local governments, not against the federal government or private prison companies.
As you can see, suing for getting sick in prison can be incredibly complicated. If you've gotten sick in prison, you may want to contact an experienced injury attorney to discuss whether you have a claim.