What can I do if my son is currently in prison and the cane that he needs to assist him n walking has been taken away?
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What can I do if my son is currently in prison and the cane that he needs to assist him n walking has been taken away?
While he was in the county jail and then in prison, he was walking with the assistance of a cane (this is due to an accident he had years ago, he has a rod and screws in his hip). While at the prison they scheduled him to see a specialist but was moved before the appointment. As soon as he got to the other prison the provider there took his cane away, cancelled his pain medication and told him he didn’t need any of it. All of this was done without her doing any type of medical examination. I have tried repeatedly through email and phone calls to get through to Health Services but get no response. My son needs his cane back before more damage is caused to his hip.
Asked on November 25, 2014 under Malpractice Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You need to bring a legal action to compel the prison to return your son's cane and medication. Such an action can be brought on an "emergent," or expedited, basis (think "emergency" or "urgent"), in order to get court hearing on the subject; the justfication for seeking emergent relief is that being withouth his cane and medication can be causing injury to your son, so action is required. Suing a government agency to compel them to do something is complicated, and there are alot of procedural rules--especially when you then add in the additional complication of seeking emergent relief. You are advised to retain an attorney to help you. If you cannot afford an attorney, try Legal Aid; if they can't or won't help, you can try the ACLU and also contact local law schools, which often have programs where law students help prisoners who cannot afford legal assistance.
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