A hidden crisis is ongoing in Mississippi’s correctional facilities; a silent epidemic threatens vulnerable inmates daily. Traumatic Brain Injury (TBI) cases stemming from preventable violence have become alarmingly common, leaving victims with life-altering consequences.
At Coxwell & Associates, PLLC, we advocate for those who have suffered these devastating injuries due to institutional negligence.
Legal Obligations: The Duty to Protect
Mississippi correctional facilities bear a fundamental legal obligation to safeguard those in their custody. This duty becomes particularly critical when certain occurrences happen. Examples from a current case that Coxwell & Associates, PLLC, is handling in which a county jail detainee was assaulted and suffers from TBI, include:
- An inmate explicitly requests protection or protective custody;
- An inmate displays signs of vulnerability (such as extorted out of his Pod and food);
- An individual is facing threats of harm which are foreseeable.
Correctional institutions must protect inmates from foreseeable harm. This is their Constitutional Right! When facilities fail to implement necessary safeguards, despite clear warning signs, they can be held legally accountable. Whether it's the prison operator (private prisons such as EMCF or WCCF), county administration or sheriff's department (county jails), those responsible for inmate safety must answer for their negligence which caused a person to suffer injuries.
Recognizing the Warning Signs
The path to traumatic brain injury often begins with subtle indicators that go unaddressed. Examples we have seen in past and current TBI jail and prison injury / death cases include:
- Inmates trade necessities (such as food) for basic privileges (a mat to sleep on; phone call)
- Often, gang members control Units/Pods, requiring those nonaffiliated to “pay up”
- Requests for protective custody, which are ignored by correctional officers.
- Inadequate safety protocols and supervision (cell doors not locking; insufficient staff).
- Failure to investigate previous assaults;
- Vulnerable inmates being targeted for extortion.
REAL PEOPLE, REAL IMPACT: Our firm currently represents a young man who suffered multiple assaults while detained on a minor offense in a Mississippi county jail. His unfamiliarity with correctional environments made him an easy target, resulting in a traumatic brain injury that has permanently altered his life.
The Devastating Impact of TBI
For those who suffer traumatic brain injuries in custody, the consequences extend far beyond their sentence. Some consequences include:
- Profound cognitive impairments affecting decision-making
- Persistent memory deficits
- Emotional regulation difficulties
- Dramatically diminished quality of life
- Need for extensive, ongoing rehabilitation
Navigating Complex Liability
These cases present unique challenges due to the numerous potentially liable parties, including:
- County administrative officials
- Facility management personnel
- Individual correctional officers
- Healthcare providers within the facility
- Classification and housing assignment staff
The situation becomes even more complex when correctional staff misconduct is involved. Conspiracy between officers and gang-affiliated inmates—often involving contraband and financial incentives—creates dangerous conditions that frequently lead to serious injuries.
REAL WORLD!Collusion among guards and gang-affiliated inmates may be “hard to believe” or “the minority of situations,” to those not involved or aware of the jail and prison operations in Mississippi. Unfortunately, it is real. And it is not shocking when it occurs. When gang affiliated inmates and correctional officers unite in the name of money, drugs, and power, it is a recipe for disaster.
Building a Compelling Case
Successfully advocating for TBI victims, personal injury, and wrongful death, in correctional settings requires methodical investigation and comprehensive evidence gathering. You want an experienced attorney who can navigate through the legal hurdles, which include:
- Establishing patterns of institutional negligence
- Documenting all reported safety concerns and incidents
- Analyzing facility policies against accepted standards
- Evaluating staffing levels and supervision protocols
- Investigating potential officer misconduct or collusion
Overcoming Legal Hurdles
For families seeking justice for a loved one who suffered TBI while incarcerated, the path to justice requires experienced legal representation. Significant legal challenges include:
- Navigating complex governmental immunity provisions
*We will discuss governmental immunity in a later blog. Stay tuned!
- Addressing multiple defendants with varying responsibilities
- Meeting strict, short notice deadlines specific to government claims.
- Establishing detailed medical causation evidence
These cases demand specialized knowledge of both traumatic brain injury medicine and federal civil rights litigation in correctional contexts. Coxwell & Associates, PLLC,has a successful track record, and we would be happy to share more with you during your consultation.
Protecting the Vulnerable
While no amount of money can fully restore what is lost when someone suffers a TBI or any injury in custody, holding institutions accountable serves two important purposes:
- Providing essential resources for medical care and support
- Creating incentives for systemic improvements that protect future inmates
At Coxwell & Associates, PLLC, we are committed to amplifying the voices of those injured through negligence and deliberate indifference in Mississippi's correctional system. We take pride in advocating for those whose voices often go unheard in the criminal justice system.
Seeking Justice for TBI Victims
If you or someone you love has suffered a traumatic brain injury or other serious harm, including wrongful death, while in custody in Mississippi, our experienced legal team is ready to help. Strict time limitations apply to claims against governmental entities—prompt action is essential to preserve legal rights.
Contact us today:
- Complete our online consultation form on our website, HERE
- Email Associate Attorney Courtney Sanders: courtneys@coxwelllaw.com
- Email Attorney Buddy Coxwell: merridac@coxwelllaw.com
DISCLAIMER: This information is provided for educational purposes only and does not constitute legal advice. The content is not intended to create an attorney-client relationship, and receipt does not establish such a relationship. Each case presents unique circumstances, and outcomes vary based on specific facts. The traumatic brain injury case example(s) mentioned represents a composite of various situations rather than any specific client or facility. Laws regarding detention center liability and governmental immunity vary by jurisdiction and evolve over time. Readers should consult with qualified legal counsel regarding their specific situation. Time limitations apply to personal injury claims against governmental entities—prompt action is essential to preserve legal rights.