My nephew was killed while in a federal prison. Can the family sue the prison?

You can certainly have a local civil rights lawyer investigate. has a great "find a lawyer" tool to locate a local lawyer. Good luck.

I am sorry for the loss of your nephew. His wife, parents, and/or children should consult with an attorney right away to see if there is anything that can be done. They should move quickly because there may be time deadlines that apply for giving notice and filing suit.

Possibly. It does not sound like a promising case, but the family should immediately consult with a lawyer from the state where it happened. Details and background facts are all important.

Depends upon the circumstances and details. See a local lawyer immediately.

I am sorry for this tragic loss. What state was he incarcerated in? And was it state or federal prison? Sometimes, federal sentences are served at local state facilities, that is why i ask. There are circumstances which can support a claim against prison authorities, and by extension, the state or federal government which operates the prison. Most tort claims of this nature can only proceed if you file written notice of the claim with the proper designated authority within strict time limitations (this is not the same as filing suit within the statute of limitations, but a notice provision which is a pre-requisite to maintaining any claim at all). These deadlines are seldom longer than 6 months from the date of the incident. It may be difficult to obtain the type of information you need to evaluate and prove the facts necessary to support a claim, but you will need to start obtaining internal reports and investigation records regarding the incident from the institution involved, as well as identify witnesses within the prison (including inmates) from whom statements can be taken. Some of this information may be provided voluntarily, others may be obtained through Freedom of Information Act requests, and still others may require subpoenas or at lease some pre-trial efforts to prevent spoliation of evidence. Of course, a mutual prison fight among inmates may ultimately prove to be an unsupportable claim as far as the prison's liability goes, but if your nephew was under a credible threat of physical assault and this fact was made known to prison officials who did nothing to protect him from the threat, then that would be the strongest basis for a claim. Failure to control access to and possession of weapons, if a weapon was involved, may also raise an issue.