Prison Guard Excessive Force: What Are an Inmate’s Rights?

Imprisonment is supposed to serve many purposes, including rehabilitation, punishment, and societal isolation. However, the state must follow rules when carrying out these purposes.

While correctional officers can use force to maintain order and safety, excessive force, including brutalizing inmates maliciously or sadistically, is never allowed.

The U.S. Constitution and Virginia state laws protect a prisoner’s rights against the improper use of force. A prisoner’s rights attorney fights the state and the operators of its jails and prisons on behalf of inmates and their families.

Inmates Have Constitutional Protections Under the Eighth Amendment

The Bill of Rights in the U.S. Constitution enshrines the protections for individuals against state power. The Eighth Amendment prohibits federal and state governments from inflicting “cruel and unusual punishment.”

This prohibition applies to local jails, state prisons, and federal penitentiaries. It also applies to private prisons run by contractors for the government.

To gain these rights, the person must be in custody after a conviction. Defendants held pending trial are not protected from cruel and unusual “punishment,” but they have substantially identical rights under the Constitution’s Due Process Clause.

In both cases, excessive force by correctional officers and prison guards may violate the inmate’s rights under state laws and the U.S. Constitution.

What Qualifies as Excessive Force?

Excessive force can include many practices. However, the excessiveness is determined based on the nature and purpose of the force applied. For example, guards may use physical violence or restraints against inmates to protect their safety.

The law also permits the force necessary to stop the inmates from injuring or killing other inmates. In many situations, they have a legal duty to protect inmates from other inmates. This means a facility might violate a prisoner’s rights if correctional officers know about a risk of assault but do nothing about it.

However, they may not use violence or restraints maliciously or arbitrarily. The wanton and unnecessary infliction of pain or injury may violate a prisoner’s civil rights. This is a vague standard.

However, “wanton” is usually described as pain or injury inflicted beyond that required to establish, maintain, or restore order. Similarly, “maliciously” typically means the pain or injury was inflicted to harm or punish the inmate, rather than to protect the facility, its officers, and inmates.

Inmates also have rights under Virginia law. Specifically, state statutes prohibit law enforcement officers, including correctional officers, from using any of the following except when it is necessary to protect the officer or another person from bodily injury:

• Neck restraints, also called chokeholds
• Non-lethal kinetic munitions, like rubber bullets and beanbags

Prison guards cannot use deadly force except to protect themselves or others from bodily injury or death. They must show that they exhausted non-lethal options and that their actions were reasonable under the circumstances.

The law also requires officers to intervene when they see an officer using or attempting to use excessive force. They must try to stop the unlawful use of force and aid the victim of such action.

Proof Is Key in These Cases

Courts require evidence to address allegations of excessive force. This evidence may include the following:

• The inmate’s testimony
• The officer’s testimony
• Medical records
• Eyewitness accounts
• Surveillance footage

You have two primary options for dealing with abuse. First, reports of abuse can provide the basis of complaints filed with the prison administrators. The facility may voluntarily change its policies and investigate officers accused of excessive force. Under Virginia law, the consequences may include discipline, suspension, or dismissal.

Second, federal law allows inmates to file civil rights claims under 42 U.S.C. section 1983. If you win a lawsuit under section 1983, the state must pay you compensation for violating your rights.

Retaliation Is Illegal

Importantly, facilities cannot retaliate against inmates or correctional officers for filing complaints or reporting abuse. This means inmates cannot be punished for protecting their rights or testifying for a fellow inmate in their complaint or lawsuit.

Time Limits Apply

Federal civil rights laws do not have a built-in statute of limitations. Instead, they rely on state statutes of limitations. In Virginia, you have two years to pursue injury claims under both Section 1983 and state personal injury law.

An Experienced Attorney Can Help Navigate the Legal System

The laws and legal principles covering excessive force are complicated. A lawyer can analyze an inmate’s claim and prepare their case for review. They can negotiate a resolution of the case and, if a settlement is not possible, litigate against the state to seek justice and compensation for the injuries suffered.

FAQ

What Compensation Can I Recover in a Section 1983 Lawsuit?

You can seek actual damages in a Section 1983 lawsuit for civil rights violations. These losses include medical expenses, diminished future earnings due to long-term injuries, and pain and suffering. You can also recover attorney’s fees.

What Is the U.S. Supreme Court’s Test for Excessive Force?

Courts look at all the evidence surrounding the incident and determine whether the officer’s acts were objectively reasonable based on the facts and circumstances they faced. This means the officer’s subjective belief is irrelevant. Instead, courts examine the force through the eyes of an objective officer in the same situation.

Can an Officer Face Criminal Charges for Excessive Force?

Officers must follow the same criminal laws as everyone else. If they use force improperly, they can face charges of assault or battery. However, they can use proper levels of force to detain an inmate based on a reasonable suspicion that they posed a threat without facing charges or liability.

Contact Us to Learn How We Fight Excessive Force Cases

Excessive force against inmates can cause needless suffering and financial losses after release. Contact Commonwealth Law Group to learn how we can help with your prisoner’s rights case.