How do I Keep Jail Negligence Lawsuit from being Dismissed

Jail Death Lawsuits are Difficult Without Experienced Help

Jail neglect lawsuits can be complicated.  They are usually filed in federal court, and prosecuting lawsuits in federal court can be difficult even for lawyers who are not used to practicing there. Aside from being in federal court, the law applying to jail medical neglect and abuse claims is also complicated.  If a person seeking justice for the death of a person in jail does not fully understand how to successfully navigate both civil rights law and complicated federal rules of civil procedure, a case could be dismissed.  A recent court order in a case shows some of the difficulty involved in federal civil rights and negligence jail death and injury cases.

Example of a Jail Medical Care Case Dismissed

In that case, Airick Trammel Smith filed a complaint against Wellpath Healthcare and others. Wellpath provides healthcare to people in jails in various U.S. states.  The magistrate judge recommended that Smith’s complaint be dismissed under Federal Rule of Civil Procedure 41(b), and also suggested denying the defendants’ motion to dismiss or for summary judgment. Since neither party objected to this recommendation within the specified timeframe, they essentially waived their right to further court review. The court reviewed the magistrate judge’s recommendation for clear error and found none, so it accepted the recommendation and dismissed Smith’s complaint. The court also denied the defendants’ motion for summary judgment as moot.  This happened since nobody objected to the magistrate judge’s opinion.

Experienced Jail Medical Negligence Attorneys can Help

Our law firm frequently has to deal with motions trying to dismiss our client’s jail injury and death cases.  Some of those motions allege that we are just alleging a jail death resulting from negligence, while other motions argue that our clients cannot win the case for various other reasons.  We are very familiar with the legal standards applying to those type of motions.  If you were incarcerated in a jail and suffered life-altering injury, or if a family member died in a jail as a result of neglect, feel free to contact our firm any time, 24/7, to see if we can help. We do not charge attorneys’ fees unless we win or there is a settlement.

Written By: Dean Malone

Dean Malone

Dean Malone is the founder of Law Offices of Dean Malone, P.C., a jail neglect civil rights law firm. Mr. Malone earned his bachelor's degree at the University of Texas at Dallas, graduating summa cum laude with a 4.0 GPA, and from Baylor University School of Law with a general civil litigation concentration. Mr. Malone served in several staff positions for the Baylor Law Review, including executive editor. Mr. Malone is an experienced trial lawyer, trying a number of cases to jury verdict and also handling arbitrations through final hearing. He heads the jail neglect section of his law firm, in which lawyers litigate cases involving serious injury and death resulting from jail neglect and abuse. Lawyers frequently refer cases to Mr. Malone due to his focus on this very complicated civil rights practice area.