Prison Abuse Attorneys: Can I Sue for Jail Abuse and Neglect?

Prisoners make up a huge but forgotten population in the United States. According to the federal government, state and federal correctional facilities incarcerate over 1.2 million inmates.

For many inmates, part of the prison experience includes crumbling facilities, abuse by staff, and inmate neglect. Prison abuse attorneys fight every day for prisoners subjected to these conditions.

Fortunately, civil rights attorneys have the tools to pursue claims against the government for injuries caused by the conditions in jails and prisons. Federal laws and the U.S. Constitution protect the core rights of prisoners and provide procedures for seeking injunctions and monetary damages.

Types of Prison Abuse and Neglect

Prisoners are housed with dangerous inmates and guards who may not have their best interests at heart. Whether due to deliberate actions or indifference, inmates can suffer permanent physical and mental injuries. Some forms of prison abuse and neglect include:

Prisoner-on-Prisoner Violence

Prison management may look the other way while inmates abuse other inmates. This violence can take any of the following forms:

• Homicide
• Assault
• Sexual assault

Facilities may try to defend themselves by arguing that they cannot be everywhere at once and that some cases of inmate-on-inmate violence are inevitable.

Correctional Officer on Prisoner Violence

Prisons and jails may play an active role in violence against inmates. Correctional officers or guards may use excessive force against inmates. They may also make unjustified contact, such as sexual contact, with inmates.

Facility employees may justify their use of force as reasonable under the circumstances. They may shift blame to the inmate, arguing that the correctional officers only used force after the inmate acted violently.

Medical Neglect

Sometimes a facility’s inability or unwillingness to treat an inmate results in or worsens their injuries or diseases. Medical neglect could take many forms, including:

• Accusing an inmate of faking or exaggerating symptoms
• Blocking doctor visits
• Refusing mental health treatment
• Withholding medication
• Sedating inmates without justification

Facilities may blame medical neglect on a lack of medical resources. They may also blame staffing shortages when they fail to transport inmates for medical visits or treatment.

Unjustified Use of Solitary Confinement

Most correctional facilities have units they use to segregate problematic inmates from the rest of the population. Frequently, inmates in these units cannot leave their cells to exercise or eat. Instead, they remain in solitude for most of the day. Facilities will often cite risks to the inmate or others to justify the use of solitary confinement.

Recognizing Signs of Prison Abuse and Neglect

Inmates are often reluctant to discuss abuse and neglect. Instead, the inmate’s family and friends may need to look for signs of ill-treatment. Some signs of abuse or neglect can include the following:

• Weight loss
• Bruises or other injuries
• Changes in demeanor
• Emotional outbursts
• Frequent medical issues
• Withdrawing emotionally
• Calling or writing less frequently

If your loved one shows these signs, you should discuss hiring a civil rights attorney with the inmate. The lawyer can investigate a possible claim and start the grievance process.

Legal Grounds to File a Lawsuit Protecting Inmate Rights

An attorney has three main options for pursuing a prisoner’s rights claim against a prison or jail. The first is a claim under a federal law codified at 42 U.S. Code section 1983. This law allows any person to bring a section 1983 claim against state officials who violate the person’s Constitutional rights.

When a prisoner files a section 1983 claim, they will usually rely on the following two provisions of the U.S. Constitution:

• The Eighth Amendment prohibits cruel and unusual punishment
• The Fourteenth Amendment guarantees equal protection under the law

The second option for pursuing a claim comes from a case called Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics. Section 1983 does not apply to federal prisons. However, the court in Bivens created a similar right to pursue a claim against federal prison employees who violate a prisoner’s rights.

A final option is to pursue state law remedies, including tort claims or battery claims.

Documenting Incidents and Collecting Evidence

Prison abuse cases are notoriously difficult to document. Facilities may sweep incidents under the rug, and correctional officers are frequently reluctant to turn into whistleblowers. However, inmates can still gather evidence, including witness statements, to support their claims.

The Role of Prison Abuse Attorneys

An attorney can be instrumental in investigating incidents and gathering evidence. After filing a claim, the lawyer can use the discovery process to request evidence from the facility and take witness statements. The lawyer can negotiate with the facility’s lawyers to settle the claim and present the case to a jury if they cannot reach terms.

Frequently Asked Questions About Jail Abuse and Neglect

Here are some answers to questions people ask about jail abuse matters:

What Is Considered Prisoner Abuse?

Prisoner abuse can take many forms, including:

• Physical abuse
• Mental abuse
• Sexual abuse
• Medical neglect

The facility is responsible for abuse by correctional officers. It may also be liable for abuse by fellow inmates if the facility was deliberately indifferent.

How Does the 8th Amendment Help to Protect Prisoners?

The 8th Amendment prohibits cruel and unusual punishment. In prison abuse cases, this clause prohibits the unnecessary and wanton infliction of pain and deliberate indifference to an inmate's health or safety. Inmates who suffer unnecessarily can hire prison abuse attorneys to seek compensation.

What Does the 14th Amendment Do for Prisoners?

The 14th Amendment contains the Equal Protection Clause. The 14th Amendment prohibits discrimination on race, religion, disability, sex, and sexual orientation. Thus, an inmate sent to solitary because they are Muslim may hire a prison abuse lawyer to pursue a claim.

Contact a Civil Rights Lawyer to Learn More

Prisoners do not lose their right to be safe. Contact Commonwealth Law Group to discuss the treatment your loved one has experienced and your options for seeking compensation.