Calling a lawyer about abuse in custody can feel risky, especially for someone who has learned not to trust institutions. It helps to know exactly what happens. Nothing is set in motion by asking a question, and every decision stays yours.
You do not need to have reported the abuse, and nobody needs to have been charged. A civil claim asks what the Department of Corrections or the county knew, what it should have known, and what it did. Attorney Ervin Nevitt, a partner at Coplan + Crane (Illinois bar registration 6319808, admitted 2014), reviews these cases.
Step one: you speak to a person
Not a form and not an intake script. You do not have to describe what happened in order to have the conversation.
Step two: we look into who had a duty
We look at which institution was responsible, what it knew, what records exist, and whether a claim can still be brought. That work costs you nothing.
In a custody case, this starts with the type of facility. Whether it was state-run or county-run decides the defendant, and the two carry different notice and immunity requirements. State-law claims against the Department of Corrections are brought against the State in the Illinois Court of Claims. Claims against a county jail fall under the Illinois Tort Immunity Act.
Adult custody claims run under a different framework from juvenile ones, and the Prison Rape Elimination Act sets standards a facility is required to meet. These claims are usually brought against the Department of Corrections or the county, not only the individual. Failure to protect is the theory that most often carries them, though several usually run together.
Many custody claims are also brought as federal civil-rights claims. Anyone still incarcerated must usually complete the facility's grievance process before filing one, so that step should not be skipped.
Step three: you decide
We tell you plainly what is possible. If you decide not to go ahead, that is the end of it, and what you told us stays confidential.
Step four: if you go ahead, we carry it
We handle the filings, deadlines, records, and the institution's insurers. Steps can be taken to protect your identity in the court record.
Common Questions Around the First Call
Does someone have to have been convicted? No. A civil case uses a lower standard of proof than a criminal one and is usually brought against the institution rather than the individual.
I am asking for someone else. That is fine and happens often. The person involved has no obligation to do anything.
What if I only remember part of it? That is ordinary. These cases are built from institutional records rather than a complete account.
Call (708) 671-6858 for a free, confidential case review. Visit: https://survivorsofabuseil.com/prison-sexual-abuse-lawyer-il/
