Two worries keep many survivors of custody abuse from asking about a claim. The first is that nobody was ever charged or convicted. The second is that they cannot remember everything clearly. Neither is a barrier to a civil claim in Illinois.
A civil case uses a lower standard of proof than a criminal one. It is usually brought against the institution rather than the individual. And remembering only part of what happened is ordinary, because these cases are built from institutional records rather than from a complete account.
Attorney Ervin Nevitt, a partner at Coplan + Crane, reviews these cases. He is registered with the Illinois bar (6319808) and was admitted in 2014.
A different question from a criminal case
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.
Who answers for it
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 run together, and which fits depends on your facts rather than a category.
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.
Which body, 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, and anyone still incarcerated must usually complete the facility's grievance process before filing one. That step should not be skipped.
Common Questions Around Custody Abuse Claims
I am asking for someone else. That is fine and it happens often. The person involved has no obligation to do anything.
Do I have to describe everything on the first call? No. You can have the conversation without describing what happened.
Will my name be public? Steps can be taken to protect your identity in the court record.
What happens when you contact us
Asking a question does not start anything. You speak with a person, not a form. 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.
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 go ahead, we carry the filings, deadlines, records, and insurers, and steps can be taken to protect your identity in the court record.
Call (708) 671-6858 for a free, confidential case review or visit https://survivorsofabuseil.com/prison-sexual-abuse-lawyer-il/.
