When someone is sexually abused in custody, attention often goes to the person who did it. A civil claim usually looks further. It asks whether the institution responsible for that person's safety did its job. In Illinois, that institution is usually the Department of Corrections or a county.
You do not need to have reported the prison 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, reviews these claims. He holds Illinois bar registration 6319808 and was admitted in 2014.
Why the institution is the focus
People in custody depend on the facility for their safety. These claims are usually brought against the Department of Corrections or the county, rather than only against the individual. The theory that most often carries them is failure to protect.
In practice, several theories tend to run together. Which one fits is a question about your facts rather than a category.
The standards a facility must meet
Adult custody claims run under a different framework from juvenile ones. The Prison Rape Elimination Act sets standards a facility is required to meet, which helps frame what the institution should have done.
Which institution, and which rules
Whether the facility is state-run or county-run decides the defendant, and the two carry different notice and immunity requirements. Because the responsible body is usually public, which one it is matters first.
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. 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.
Common Questions Around Failure to Protect Claims
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.
I only remember part of it. That is ordinary. These cases are built from institutional records rather than a complete account.
What happens when you reach out
A question sets nothing in motion. You speak with a person, not a form. You do not have to describe what happened. We look into which institution was responsible, what it knew, what records exist, and whether a claim can still be brought, at no cost to you.
We tell you plainly what is possible. If you decide not to go ahead, it ends there, and what you told us stays confidential. If you go ahead, we carry the filings, deadlines, records, and the institution's insurers. Steps can be taken to protect your identity in the court record.
Call (708) 671-6858 for a free, confidential case review.
