Your firm has been asked by the state court to represent an inmate in one of your state prisons who was severely injured when he was electrocuted as a result of reaching up and screwing in a light bulb above his bed. He was in solitary confinement at the time and had repeatedly requested that this light bulb be repaired as it had bare wires hanging down from the ceiling. The inmate had to stand on his bed in order to reach the light. This was the only light in his room, and without it he was in total darkness.
Before deciding whether to represent this inmate in a negligence suit against the prison, your supervising attorney asks you to do some preliminary research as follows:
1. She wants you to read the immunity statutes in your state regarding state institutions. What do you discover? Can the prison be sued? Can the individual guards be sued?
2. She is concerned that the inmate was negligent himself. What will you need to do to determine if he was negligent?
3. The inmate has been trying to find someone to represent him for about a year. He was hospitalized for his injuries 13 months ago. What is the statute of limitations in your state for a negligence action? Is this statute tolled while a plaintiff is incarcerated?