Nathan Marcus Died After Being Attacked By Inmates at California State Prison, Sacramento, Which Also Goes By Folsom State Prison
REPRESA, CALIFORNIA (March 31, 2022) – An inmate at Folsom State Prison identified as Nathan Marcus has tragically died after being attacked by other inmates.
Sacramento County officials are saying that the attack took place around 2:30 p.m. on Saturday. Nathan Marcus was attacked in the recreation yard of Folsom State Prison.
Prison guards used chemical agents to break up the attack and paramedics were called to the scene. Despite life-saving measures from first responders, Nathan Marcus died due to his injuries.
The two fellow inmates believed to be responsible for the attack have been moved to a segregated unit as an investigation continues. In 2019, a similar attack occured in the recreation yard at California State Prison, Sacramento.
The inmate involved in that attack also died.
Liability For Inmate Attacks At Folsom State Prison
Prisons are supposed to be places of rehabilitation. But in far too many circumstances, state prisons are where inmates go to be raped, abused, neglected and attacked. According to one report by Mother Jones, 19% of all inmates in US prisons say they’ve been assaulted by other inmates. Around 21% of inmates say they’ve been assaulted by prison staff. Inmates at private prisons are nearly twice as likely to be sexually assaulted by staff. There are many steps that should be taken to reduce instances of violence at prisons.
- Inmates should be properly monitored.
- Prison staff should be properly trained.
- Prisons should be adequately staffed.
- Prison staff should be adequately monitored.
- Surveillance cameras should be used in certain areas.
A prison could potentially be liable if an inmate is attacked by another inmate. Jails must take reasonable measures to keep inmates safe. When a jail is deliberately indifferent to the risk of an inmate being attacked, this could form the basis of a negligence claim. Jail officials must have had specific knowledge of a risk of serious harm to a prisoner and knowingly failed to take any action to prevent it. In certain circumstances, though, liability could be established despite the lack of a specific threat toward a particular inmate.
Consider, for example, the case of Pierson v. Hartley, No. 02-3491, 391 F.3d 898 (7th Cir. 2004). The court ruled in favor of a plaintiff even in the absence of a specific threat toward the particular inmate who was attacked. In that case, the inmate was put in close proximity to another inmate with a known violent history. The court held that placing an inmate with a known violent predator in an “unrestricted” dormitory amounted to deliberate indifference. There are a number of steps that should be taken after any inmate attack.
- Surveillance footage should be sought.
- Medical records should be preserved.
- Profiles for the inmate assailants should be examined.
- Prison records should be sought.
- A thorough, independent investigation should be conducted.
The family of any inmate that died in custody may have legal recourse through a wrongful death claim. Damages in a civil claim can help cover lost wages, medical bills and loss of love. Sadly, though, prisons will fight hard to deny any responsibility for an inmate being attacked. A wrongful death attorney can examine all of the facts of your case and let you know what your legal options are.
Investigating An Inmate Attack At Folsom State Prison
We at TorkLaw extend our deepest condolences to the family of Nathan Marcus. Any person that may have more information about what happened should reach out to authorities. There needs to be a thorough investigation for the sake of all who have lost so much. It is our sincere hope that steps are taken to make this prison safer.
Do you need more information about an inmate death at California State Prison, Sacramento? Our team of inmate advocates are here to answer any legal questions that you may have. We care deeply that inmates and their families are aware of their rights and that those rights are being protected. Whether you just have legal questions or need a free, independent investigation into an incident we are here for you. You can reach out to us anytime at (888) 441-4991.
