My husband died in Florence Arizona prison can I sue?

Question

He died in Florance, AZ found in his cell hung. I didn't pursue it, can I sue now? Its been maybe 3 yrs ago.

Answer 1

You can sue anybody for anything, but check Arizona laws first.  I don't think there would be a statute of limitations on this type of death.  What would be your complaint?  That the prison was responsible?  Was it a suicide?  Anyway, remember, if you lose, you pay court costs and attorney fees...an expensive venture, unless you are really convinced you have a good case.  Was he in a one or two-man cell?  Consider everything!

Answer 2

I'm not sure exactly what you are planning on suing for, but I doubt it, because so much time has passed...Why would you even try THREE years later? If it was such a big deal, it should have been filed then. Most jails aren't on suicide watch- if he had some sort of issue, they should have known about it. And if you are claiming that someone else hung him, then it most CERTAINLY should have been taken care of three years ago.....

Stop trying to get money where you don't deserve it. Frivolous law suits like this affect ALL of us.  

Answer 3

The problem is he did take is own life. (in his cell hung). You can assume someone else did it, but the prison wont admit that. The policy is the prison wont tell the family directly, they would have a case worker do that.

I wish you could sue. If they say it is a WRONGFUL DEATH, consult a lawyer. However I assume, you have may a slim civil case

Good Luck

Answer 4

Actually, most likely the statute of limitations has lapsed. Most of that stuff has a 3 year limit.  

Answer 5

No. Unfortunately, governments make themselves immune to lawsuits of this nature. You would have to prove that the state was negligent in some way. In a matter of prison suicide, their contention would be that if he could not handle prison life then he should have not committed the crime. I am sorry for your loss and I wish you well.

Answer 6

You haven't really provided enough information.

If it was suicide and he hadn't tried before, not likely.

If he had a history of attempts such that the prison giards should have exercised more care, maybe.

The delay in filing won't help you much, though.

Answer 7

I cannot imagine for the life of me what kind of h**l you went through with all that mess in your life.  Kudos for you for surviving the way you did.  I hope you stil can.  Lean on the friends you have and their love and support as well.

I would find some kind of ombudsmen or ask a defense lawyer if one can pursue a case that seems closed.  I am sorry for your loss some three years later but still.  

There are a few things to consider before you contemplate your move.  And it must be things you are convinced in your own mind about because you will be tested by many. I mean which hard held convictions aren't on trial anyway.  So your convictions will truly be tried so you must believe what you accept as fact is the truth.

The first is the obvious one.  What was his state of mind before he died?  Do you have any hard copies of letters or photographs or something that would should what state of mind your husband was in at the time?  Yes the state and therefore the defense would have their lawyers too.

Next how safe was the security there?  Did he mention to anyone or his cell mates about the security.  In other words was he threatened by anyone there?  Were any other inmates threatened by the same inmate?

What is it that haunts you most about his death?  Was it something you cold have done?  Or was it something he should have told you?

From your subsequent posts my next question is how fair was the system itself?  

There are more things I could say but these are some points I would consider of such an atrocious event happened to me like that.  But don't worry I have had some bad experiences in my own life so I understand what you have had to face and it is not easy.

Take and God bless.  My prayers are with you and whatever choice you decide to pursue..

Answer 8

Sorry for your loss, but what exactly are you going to sue for? It's hardly the prison's fault he hung himself. Why try holding the prison responsible?