What makes these claims different
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.
Whether the facility is state-run or county-run decides the defendant, and the two carry different notice and immunity requirements.
Who the claim is brought against
A claim of this kind is usually brought against the Department of Corrections or the county, rather than only against the
individual. The theory that most often carries it is failure to protect, though in practice
several run together, and which one fits is a question about your facts rather than a category.
Because the responsible body here is usually a public one, which one 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, so that step should not be skipped.
Questions people ask
Does someone have to have been convicted?
No. A civil case uses a lower standard of proof than a criminal one and is usually brought against the institution rather than the individual.
I am asking for someone else.
That is fine and it happens often. There is no obligation on the person involved to do anything.
What if I only remember part of it?
That is ordinary. These cases are built from institutional records rather than from a complete account.