People in custody cannot leave, cannot choose who guards them, and depend on the facility for their safety. That is why prisons and jails have a duty to protect the people they hold. When someone is sexually abused while incarcerated in Illinois, a civil claim can look at whether that duty was met.
You do not need to have reported the abuse, and nobody needs to have been charged. A civil claim asks a different question from a criminal case. It asks what the Department of Corrections or the county knew, what it should have known, and what it did.
Ervin Nevitt, a partner at Coplan + Crane, reviews these claims. He holds Illinois bar registration 6319808 and was admitted in 2014.
What sets custody claims apart
Claims involving adult custody follow a different framework from juvenile ones. The Prison Rape Elimination Act sets standards a facility is required to meet.
Whether a facility is run by the state or by a county decides who the defendant is. The two also carry different notice and immunity requirements.
Who the claim names
These claims are usually brought against the Department of Corrections or the county, not only against the individual who caused the harm. The theory that most often carries them is failure to protect. In practice, several theories run together, and which one fits depends on your facts rather than on a category.
Because the responsible body is usually a public one, identifying which one comes 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 Illinois Prison Abuse Claims
Does someone have to have been convicted? No. A civil case uses a lower standard of proof than a criminal one. It is usually brought against the institution rather than the individual.
I am asking for someone else. That is fine, and it 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 from a complete account.
What happens when you contact us
Asking a question does not set anything in motion. You speak with a person, not a form or an intake script. You do not have to describe what happened in order to have the conversation.
We look into which institution was responsible, what it knew, what records exist, and whether a claim can still be brought. That work costs you nothing. Then 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.
If you do go ahead, we carry it: the filings, the deadlines, the 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.
