Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
State laws vary significantly, and I am not in your state, but you would retain a local civil rights lawyer who would need to prove the officials knew or reasonably should have known that you would be harmed or that there was a substantial risk that you would be harmed and the officials did not act to prevent it.
I agree with Mr. Lassen. You need to review this situation in detail with a civil rights attorney in Illinois for some serious evaluation and advice about whether you have a case here. I noticed your comment in response to Mr. Lassen's answer. This is a real-life legal situation, not a bar bet. No lawyer worth anything is going to give you an off-the-cuff opinion and the kind of general proposition you asked about is meaningless. Legal controversies do not depend on broad statements of principal. See a good civil rights lawyer about this.
Failure to protect cases are difficult to prove. The fact that no officer was present helps. Is this against Cook County? Was there a history between you and the other inmate? Was the jail and/or guards aware of this? You will have to prove that the correctional officers were more than negligent. You will have to prove deliberate indifference.