Legal Question in Federal Tort Claims in California

Complaint against prison run by private corp.

Must a--name removed--claim--name removed--be submitted prior to filing a complaint against a privately run Federal prison--name removed--

Is there a claim procedure--name removed--

If a prisoner had a--name removed--personal injury--name removed--while in federal prison--name removed--can he file a PI suit--name removed-- If so would it be filed in State Superior court or should it be filed in federal court--name removed--


Asked on 8/29/00, 3:42 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Complaint against prison run by private corp.

Suits against the federal government may be filed only for specific reasons and only in federal court. Usually the Tort Claims Act is used in situations of personal injury resulting from negligence.

The private contractors may be sued civilly in state court for their negligence, if any, as may other civilian contractors and non-governmental service providers. Fellow inmates, under certain circumstances, may be sued in either state or federal court or both.

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Answered on 10/03/00, 9:52 am


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