Buffalo Prison Injury Lawyer

People incarcerated in Buffalo and surrounding areas have legal protections against abuse, excessive force, unsafe conditions, and the denial of necessary medical care. When correction officers, medical providers, or other jail or prison staff violate those protections, the resulting injuries can be serious and sometimes permanent.

At Stephen Bilkis & Associates, we represent people who have been injured while incarcerated. Stephen Bilkis, the founder of our firm, has been selected to Super Lawyers, earned an Excellent rating from Avvo, been recognized as a Justia Top-Rated Lawyer, and received recognition from Expertise.com and TopLawyer.com. We have visited jails and prisons in New York and are familiar with their internal operations, including correctional protocols, recordkeeping practices, and chain of command. That firsthand familiarity helps us know what records to look for, how incidents are typically documented, and who may have been responsible for decisions that led to an injury.

If you or a loved one was injured while incarcerated in Buffalo, Erie County, or the surrounding area, our experienced Buffalo prison injury lawyers can investigate what happened, determine who may be responsible, and identify the federal and New York laws that may apply. We also identify important filing deadlines early and take the necessary steps to protect your right to seek compensation.

What constitutes a prison injury in Buffalo?

Inmates can suffer serious injuries at jails and prisons such as the Erie County Holding Center, Attica Correctional Facility, and Wende Correctional Facility for many reasons. In many of the prison injury cases we’ve reviewed, it has been clear that the injury could have been prevented if correctional staff had followed proper procedures, responded to known risks, or provided appropriate care.

Some of the prison injury claims we handle involve:

• Excessive force by correction officers. Correction officers have authority to use reasonable force when necessary to maintain safety and order, but that authority has limits. When we investigate an excessive force claim, we look at why force was used, how much force was used, what happened immediately before and after the incident, and the injuries that resulted.
• Failure to protect someone from assault. Correctional officials may be responsible when they know that an inmate faces a serious risk of harm but fail to take reasonable steps to protect them. In Snider v. Dylag, 188 F.3d 51 (2d Cir. 1999), an Attica inmate alleged that a correction officer told other inmates it was “open season” on him, and he was later assaulted by two or three inmates. The Second Circuit allowed his claim to proceed, recognizing that deliberate indifference to an inmate’s safety can support a civil rights claim.
• Denial or delay of medical treatment. When you are incarcerated, you cannot simply leave the facility and go to a doctor or emergency room when you are sick or injured. You depend on correctional and medical staff to take your symptoms seriously and provide the care you need. In our work representing injured inmates, we see the serious consequences that can result when requests for medical attention are ignored, necessary medication is withheld, or treatment is delayed until a manageable medical problem becomes much more serious.
• Sexual abuse or assault. Sexual abuse is far too common in jails and prisons. Inmates have the right to be protected from sexual abuse by correction officers, other staff members, and other inmates. When we handle sexual abuse cases, we look at all available evidence, including prior complaints, known threats or warning signs, supervision practices, and what correctional officials did after they learned about a threat or an assault was reported.
• Unsafe conditions. Jails and prisons have a duty to take reasonable measures to keep areas used by inmates safe.  An inmate should not suffer a serious injury because officials allowed a known hazard, such as a broken staircase, defective equipment, dangerous flooring, or a fire hazard, to go uncorrected. When we handle these cases, we look at how long the dangerous condition existed, whether staff knew about it, whether there were previous complaints or injuries, and why nothing was done to fix it. Depending on what we find, we may pursue a negligence claim under New York law.

When we investigate a prison injury, we want to know more than how the inmate was hurt. We look at what happened before the injury, what correctional staff knew, what steps they took or failed to take, and what records may show that the injury could have been prevented. If you or a loved one was seriously injured while incarcerated, an experienced Buffalo prison injury lawyer can investigate what happened and determine who may be responsible.

What should you do if you are injured while in prison in Buffalo?

What happens immediately after an injury can become important if you later bring a claim. We recognize that someone who is incarcerated does not have the same freedom to gather evidence, obtain outside medical treatment, or contact witnesses that someone outside a correctional facility would have. Still, there are steps you can take, when possible, to create a record of what happened.

We generally recommend taking the following steps:

• Request medical attention as soon as possible. Report the injury and ask to be examined by medical staff. We may later use medical records, sick-call requests, medication records, hospital records, photographs, and other documentation to establish the nature and severity of your injuries.
• Report what happened in writing. If the facility has a grievance procedure, use it and describe what happened as accurately as possible. Include important information such as the date, approximate time, location, officers involved, witnesses, injuries, and requests you made for medical treatment or protection. We will use your report as part of our investigation. This report can be important evidence because it creates a written record of what happened, when you reported it, and what information you provided to correctional staff.
• Keep whatever documentation you can. Copies of grievances, medical requests, responses from correctional staff, disciplinary documents, letters, and other paperwork can become evidence. If you cannot personally retain records because you remain incarcerated, documents you are permitted to send to a family member or lawyer may be easier to preserve outside the facility.
• Identify witnesses. Other incarcerated people, correction officers, medical personnel, or visitors may have seen the incident or events leading up to it. We want to identify potential witnesses as early as possible because people can be released, transferred, reassigned, or become difficult to locate.
• Tell your lawyer about prior complaints or threats. If you reported threats, requested protective custody, complained about an officer, repeatedly requested medical treatment, or otherwise warned staff about a problem before you were injured, tell us. Those earlier reports may help us establish what officials knew before the injury occurred.

The grievance process can be particularly important in a federal civil rights case. Under the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a), an incarcerated person generally must exhaust available administrative remedies before filing a federal lawsuit concerning prison conditions. That means following the facility’s available grievance procedures may affect your ability to pursue a federal claim.

When our experienced Buffalo prison injury lawyers become involved, we also look for evidence that may not be available to the incarcerated person or family. Depending on the case, that can include surveillance video, incident reports, use-of-force reports, medical records, housing records, grievance records, staffing information, disciplinary records, and other government documents.

What are common injuries suffered because of prisoner abuse in Buffalo?

Common injuries suffered because of prisoner abuse in Buffalo can include injuries that heal within weeks as well as injuries that change a person’s life permanently. A beating, sexual assault, untreated medical condition, or other mistreatment can leave an inmate facing surgery, ongoing pain, months of rehabilitation, psychological trauma, or a disability that continues long after release. When we handle these cases, we consider the full impact of the injury, including future medical care, lost income, and how the person’s day-to-day life has been affected.

Common injuries we see in these cases can include:

• Head and brain injuries. Punches, kicks, falls, blows from objects, and other physical assaults can cause concussions and traumatic brain injuries. In Miller v. County of Erie, No. 17-CV-928 (W.D.N.Y. 2020), an inmate at the Erie County Holding Center alleged that a beating to his head and face caused injuries so serious that he required two surgical procedures to monitor pressure on his brain and was placed in a medically induced coma. Head and brain injuries can result in headaches, dizziness, memory problems, difficulty concentrating, confusion, and other long-term problems.
• Broken bones and orthopedic injuries. Excessive force, physical assaults, falls, and unsafe conditions can result in fractures, dislocations, torn ligaments, and other injuries involving the arms, legs, shoulders, knees, back, or neck. We review medical records and diagnostic testing to document these injuries and determine what future treatment may be necessary.
• Internal injuries. A beating or other significant physical trauma can cause internal bleeding, organ damage, and other injuries that may not be immediately visible. When correctional or medical staff fail to recognize or respond to symptoms of an internal injury, the delay in treatment can make the original injury much worse. In these cases, we may pursue a claim based not only on the excessive force or physical abuse that caused the injury, but also on the failure to provide timely medical treatment.
• Injuries associated with restraints. Even a routine and necessary procedure, such as placing handcuffs on an inmate, can result in serious injury when it is done improperly. Handcuffs and other restraints that are excessively tight, left in place too long, or used with unnecessary force can cause nerve damage, loss of circulation, cuts, severe bruising, and injuries to the wrists, arms, or shoulders. When we investigate a restraint injury, we look closely at what the officers did, how long the inmate was restrained, whether the inmate complained of pain, numbness, or other symptoms, and, importantly, whether officers ignored those complaints instead of adjusting or removing the restraints.
• Sexual assault injuries. Sexual abuse in a jail or prison can cause physical injuries, sexually transmitted infections, and serious psychological harm. Under New York law, an inmate cannot legally consent to sexual activity with correctional staff and certain other employees or service providers. N.Y. Penal Law § 130.05(3)(e)-(f). Our investigation may include looking for prior complaints against the staff member, reports of similar misconduct, known threats or warning signs, and evidence showing that supervisors or other officials knew about the risk but failed to protect the inmate.
• Worsening illnesses and medical conditions. Inmates rely on the facility’s medical staff for everything from routine treatment to emergency care. An untreated infection, missed medication, delayed diagnosis, or failure to respond to a medical emergency can turn a treatable condition into a serious or even permanent health problem. In some cases, inadequate care may amount to medical malpractice. We examine the medical records, requests for treatment, symptoms reported by the inmate, and the care that was provided to determine if a doctor, nurse, or other medical provider failed to meet the appropriate standard of care.
• Psychological injuries. Physical assaults, sexual abuse, prolonged mistreatment, and living in fear for your safety can cause psychological harm that lasts long after the physical injuries have healed. Anxiety, depression, nightmares, difficulty sleeping, and other psychological effects can interfere with work, relationships, and everyday life. We consider these effects when determining the full extent of the harm suffered and the amount of compensation that may be appropriate.

When someone comes to us after suffering a serious injury in a Buffalo-area correctional facility, we do not assume that the incident report tells the entire story. We compare the official account with medical records, witness statements, video evidence, grievances, photographs, and other available records. That allows our experienced Buffalo prison injury lawyers to build a clearer picture of what occurred and determine who may be legally responsible.

Who can I sue if I am injured in a Buffalo jail or prison?

If you are injured in a Buffalo jail or prison, more than one person or government entity may be responsible for what happened. Depending on the circumstances, we can pursue a claim on your behalf against a correction officer, medical provider, Erie County, or another party. We look at who caused your injury, who could have prevented it, and what each person or entity did or failed to do.

Depending on the facts, responsible parties may include:

• Correction officers who used excessive force. Correction officers are permitted to use force in certain circumstances, but there are limits on how much force they can use. An officer may be personally responsible when an inmate is punched, kicked, struck, improperly restrained, or otherwise subjected to force that was not justified by the circumstances.
• Officers who stood by and allowed abuse to happen. An officer does not necessarily escape responsibility simply because another officer physically injured the inmate. If an officer had a reasonable opportunity to stop another officer from using excessive force but failed to intervene, we may investigate the officer who stood by as well as the officer who committed the abuse.
• Correctional staff who failed to protect an inmate. Sometimes the people responsible for an inmate’s injuries are not the people who actually committed the assault. If correctional staff knew that an inmate was in danger from another inmate but failed to take reasonable steps to protect them, we may pursue a claim against those staff members as well.
• Doctors, nurses, and other medical providers. Medical professionals who treat inmates can be responsible for medical malpractice just as medical providers outside a correctional facility can be. We may investigate the care provided when a serious condition was misdiagnosed, necessary treatment was delayed, medication was not properly provided, or other medical errors caused additional harm.
• Government entities responsible for the facility. Depending on the claim and where the injury occurred, the government entity responsible for the facility can also be held liable. The Erie County Holding Center and Erie County Correctional Facility are operated by Erie County through the Erie County Sheriff’s Office, while Attica Correctional Facility is operated by the New York State Department of Corrections and Community Supervision. For certain state-law claims involving Attica, the proper defendant is the State of New York. These distinctions can affect who we pursue a claim against, where the claim must be filed, and the deadlines we must follow.

One of the first things we do is determine everyone who may be legally responsible for your injuries. A prison injury lawsuit does not have to be limited to one person or entity. Depending on what happened, we may pursue claims against multiple defendants, including individual correction officers, medical providers, supervisors, New York State Department of Corrections, and Erie County. An experienced Buffalo prison injury lawyer can identify all potentially responsible parties and pursue claims against each of them.

What evidence do I need for a prison injury lawsuit?

The evidence needed for a prison injury lawsuit will depend on what happened and the type of claim you are filing. However, much of the evidence that can help prove your case may be controlled by the jail or prison itself, including surveillance footage, officer reports, staffing records, and other internal documents. You are not expected to have access to all of this evidence before contacting us.

Our familiarity with the internal operations of New York jails and prisons helps us know what evidence may exist, where to look for it, and what records we should request. Depending on what happened, our investigation may include:

• Surveillance and body-camera footage. Video can provide powerful evidence of an assault, use of force, medical emergency, or events leading up to an injury. We work to identify potentially relevant footage before it is routinely deleted or overwritten.
• Incident and use-of-force reports. Correction officers may be required to document assaults, uses of force, injuries, and other significant events. We compare those reports with medical records, video, witness accounts, and other evidence to determine if the official account is consistent with what actually happened.
• Medical records. Medical records can document injuries, symptoms, treatment, medication, and complaints made after an incident. In a delayed-treatment or medical malpractice case, we may also use the records to establish how an inmate’s condition changed while they were waiting for care.
• Grievances and prior complaints. A grievance can show that an inmate reported abuse, threats, unsafe conditions, or inadequate medical care. Prior complaints involving the same officer, employee, or problem may also help establish that officials knew about a danger before someone was seriously injured.
• Witness statements. Other inmates, correction officers, medical personnel, visitors, or others may have witnessed an incident or know what happened beforehand. We work to identify and locate witnesses, particularly because inmates may be transferred or released and employees may leave the facility.
• Policies, procedures, and staffing records. We may examine the facility’s written policies and compare them with what staff actually did. Staffing assignments, housing records, logbooks, and other internal records can also help establish who was present, who was responsible for an area, and who had the authority to act.

Our goal is to piece together what happened rather than rely solely on the correctional facility’s version of events. An experienced Buffalo prison injury lawyer can work to obtain and preserve evidence that may establish how the injury occurred and who should be held responsible.

How much time do you have to file a Buffalo prison injury lawsuit?

The amount of time you have to file a Buffalo prison injury lawsuit may be much shorter than you realize. The deadline depends on what happened, the type of claim, and who you are suing. One incident can also give us grounds to pursue several different claims, each with its own filing deadline.

Some deadlines that may apply include:

• Notice of Claim. If you were injured at a county or other municipal correctional facility, you may have a very short deadline to take action. For example, if you were injured at the Erie County Holding Center or Erie County Correctional Facility and plan to bring certain claims against Erie County, you generally have just 90 days to file a Notice of Claim. N.Y. Gen. Mun. Law § 50-e. Different rules apply to claims involving a New York State prison, such as Attica Correctional Facility, including claims against the State of New York. Because the required procedure and deadline depend on where you were incarcerated and who we are pursuing a claim against, this is one of the first issues we determine.
• Claims against a municipality. If your injury occurred at a county or other municipal correctional facility, additional deadlines may apply. For example, for certain New York state-law claims arising from an injury at the Erie County Holding Center or Erie County Correctional Facility, you generally must file a Notice of Claim within 90 days and file the lawsuit within one year and 90 days of the incident. N.Y. Gen. Mun. Law §§ 50-e, 50-i. These deadlines do not apply in the same way to claims against the State of New York involving a state prison such as Attica Correctional Facility.
• Federal civil rights claims. If you were beaten by correction officers, denied necessary medical care, sexually abused by staff, or seriously injured because correctional staff knew you were in danger but failed to protect you, your constitutional rights may have been violated and you may have a federal civil rights claim. We can pursue these claims under 42 U.S.C. § 1983, which allows people to seek compensation when government officials violate certain federally protected rights. In New York, you generally have three years to file a § 1983 lawsuit.
• Medical malpractice. New York’s general statute of limitations for medical malpractice is two years and six months, although exceptions and other rules can affect the deadline. N.Y. C.P.L.R. § 214-a. When the claim involves medical care provided at a government correctional facility, additional notice requirements and shorter deadlines may apply, including Court of Claims requirements for certain claims against the State of New York.
• Wrongful death. If an inmate dies because of abuse, neglect, inadequate medical treatment, or another wrongful act, the personal representative of the deceased inmate’s estate generally has two years from the date of death to bring a wrongful death claim. N.Y. E.P.T.L. § 5-4.1.

There may also be administrative requirements that must be addressed while an inmate is still incarcerated. For federal claims concerning prison conditions, the Prison Litigation Reform Act generally requires inmates to exhaust available administrative remedies before filing suit. 42 U.S.C. § 1997e(a).

We identify the applicable deadlines as early as possible because missing one can prevent you from recovering compensation even if you otherwise have a strong case. Contacting an experienced Buffalo prison injury lawyer promptly gives us more time to protect your claim and preserve evidence.

What compensation may be available for a Buffalo prison injury?

A serious injury in jail or prison can continue affecting someone long after the incident itself is over. The amount of compensation available depends on the severity of the injury, the treatment required, how long the person is affected, and the financial and personal losses caused by what happened.

Depending on the case, compensation may include:

• Medical expenses. Compensation may cover hospital treatment, surgery, medication, rehabilitation, psychological treatment, and other medical care related to the injury. We also consider future medical expenses when an injury will require ongoing treatment after release.
• Lost income and reduced earning ability. A serious injury can affect an inmate’s ability to return to work after release or limit the type of work they can perform. We may seek compensation for income already lost as well as future earnings the person is reasonably expected to lose because of a permanent injury or disability.
• Pain and suffering. Compensation may be available for physical pain as well as the effect the injury has had on the person’s life. The nature and severity of the injury, length of recovery, permanent limitations, and need for future treatment can all affect the amount of compensation.
• Psychological harm. Sexual assault, physical abuse, threats, and other mistreatment can cause anxiety, depression, nightmares, fear, and other psychological injuries. We consider those effects when determining the losses caused by the abuse.
• Wrongful death damages. When an inmate dies, the personal representative of the estate may be able to pursue a wrongful death claim. Recoverable damages can include funeral expenses and certain financial losses suffered by surviving family members under N.Y. E.P.T.L. § 5-4.3.

There is no general standard amount of compensation for a prison injury. We look at how the injury has affected the injured inmate, including their health, ability to work, future medical needs, and everyday life, and demand fair compensation for the losses they have suffered. An experienced Buffalo prison injury lawyer can assess those losses and pursue the compensation available under federal and New York law.

Frequently Asked Questions

Contact Stephen Bilkis & Associates

If you or a loved one was injured at the Erie County Holding Center, Erie County Correctional Facility, Attica Correctional Facility, or another jail or prison in the Buffalo area, contact an experienced prison injury attorney serving Buffalo at Stephen Bilkis & Associates. We represent people injured because of excessive force, inmate assaults, sexual abuse, medical malpractice, delayed medical treatment, unsafe conditions, and other abuse or neglect.

Stephen Bilkis, the founder of our firm, has extensive experience handling personal injury and civil rights cases. He has been selected to Super Lawyers, earned an Excellent rating from Avvo, been recognized as a Justia Top-Rated Lawyer, and received recognition from Expertise.com and TopLawyer.com. We have visited jails and prisons in New York and are familiar with their internal operations, including correctional protocols, recordkeeping practices, and chain of command.

Contact us at 800.696.9529 to schedule a free, no-obligation consultation about your case. Our experienced Buffalo prison injury lawyers can investigate what happened, identify the people and government entities that may be responsible, and pursue the compensation you deserve. We represent clients in Buffalo, Erie County, and nearby communities.