Understanding Civil Rights in Prison: When It Might Be Time to Seek Out an Attorney

Incarceration is meant to separate inmates from society to punish and rehabilitate them. However, the government becomes responsible for the health and safety of inmates. In other words, inmates don’t lose their civil rights in prison; instead, these rights protect them from unequal treatment and unsafe conditions.

Civil rights attorneys help inmates remedy rights violations through administrative and judicial processes. In many cases, a lawyer can push the government to change its policies and practices. They may even seek financial compensation for injuries or other harm suffered by inmates.

The following acts might constitute a violation of prisoner rights and justify a legal consultation:

Cruel and Unusual Punishment

The Eighth Amendment to the U.S. Constitution outlaws cruel and unusual punishment. Unfortunately, there’s no clear definition of “cruel and unusual.” However, certain acts by prison or jail administrators or staff might meet this standard, depending on the circumstances.

Solitary confinement isn’t always cruel and unusual. However, excessive use of solitary confinement may qualify. Similarly, the arbitrary use of solitary confinement might be considered cruel and unusual.

Additionally, any punishment that isn’t intended either to preserve safety or to rehabilitate the inmate is generally prohibited. For example, excessive use of restraints on inmates who don’t pose a danger to themselves or others might be forbidden as a violation of prisoners’ civil rights.

Denial of Medical Care

The government is responsible for caring for all of an inmate's needs during their imprisonment, including medical care. One of an inmate’s key civil rights in prison is the right to medical care.

Specifically, prisons and jails aren’t allowed to act with deliberate indifference to inmates’ serious medical issues that affect their physical or mental health. By leaving medical conditions untreated, a facility can cause unnecessary suffering that amounts to cruel and unusual punishment.

Discrimination or Harassment

The Equal Protection Clause of the 14th Amendment requires all people to be treated equally in the eyes of the law. As a result, the courts require strict scrutiny of any discrimination or harassment based on the following classifications:

• Race
• Color
• National origin
• Religion

Additionally, civil rights laws prohibit discrimination and harassment based on sex, sexual orientation, age, or disability.

When penal institutions discriminate among inmates using any of these classifications, inmates may have a reasonable claim for civil rights violations. For example, a violation may occur if an inmate of a particular religion is subjected to more frequent searches and loses their privileges more often than those of a different religion.

Use of Excessive Force

Correctional officers, medical staff, and other prison officials can use reasonable force to maintain a safe environment. Therefore, reasonable force is allowed for the purposes of self-defense and defense of others. Additionally, officers may use reasonable force to protect inmates from self-harm.

Excessive force happens when officers use more force than necessary or employ force when it isn’t called for. In these situations, the use of force amounts to cruel and unusual punishment and violates inmates’ civil rights in prison.

Interference With Legal Representation

Under the First Amendment, inmates are entitled to reading materials, particularly legal materials relevant to their cases. Additionally, the Due Process Clause of the 14th Amendment guarantees access to courts and lawyers to fight criminal charges. Finally, the Constitution’s Habeas Corpus clause allows inmates to petition courts for unjust detention.

When prison facilities interfere with an inmate’s access to legal materials, lawyers, and courts, they strike at the very heart of the justice system. As a result, they violate an inmate’s civil rights when they unduly burden or remove their ability to seek remedies for bona fide legal issues.

Unsafe Living Conditions and Neglect

Any condition that exposes inmates to suffering can violate the cruel and unusual punishment clause. Examples include:

• Unsanitary conditions that make inmates susceptible to diseases
• Insufficient medical services
• Inadequate food
• Contaminated water
• Inmate-on-inmate violence

Again, a facility may take reasonable steps that temporarily burden inmates. For example, a prison may require inmates to share a bathroom while another bathroom is under repair. However, any condition that causes excessive suffering may be considered cruel and unusual.

Retaliation for Grievances

According to the principle of due process of law, punishment cannot be imposed without access to a court. This generally means that officers or administrators cannot penalize inmates for filing grievances since a court didn’t impose the punishment.

However, non-punitive retaliation may also be prohibited in some circumstances. The Due Process Clause requires the government to follow the rules and regulations outlined therein. If an inmate follows a facility’s grievance process, they’re generally shielded from retaliation even if their accusation is disproven.

FAQ

Do Prisoners Have the Right to Watch Television?

The First Amendment guarantees prisoners’ right to news information. However, inmates don’t necessarily have the right to watch television if the correctional institution provides newspapers and magazines.

Do Prisons Need to Accommodate a Prisoner’s Disability?

Under the Americans with Disabilities Act, prisons must reasonably accommodate disabilities. For example, an inmate in a wheelchair must be housed on a lower level that’s accessible without climbing stairs.

When Can Correctional Officers Use Deadly Force?

Officers can only use deadly force when they reasonably believe it’s necessary to prevent death or serious injury to themselves or others.

Contact Commonwealth Law Group to Discuss Violations of Civil Rights in Prison

Prison administrators and officials don’t ordinarily remedy civil rights violations unprompted. Instead, they must understand the violation and the consequences of failing to fix it.

A lawyer can use both administrative and judicial processes to bring violations to the attention of prison officials so they can be remedied. Contact Commonwealth Law Group to learn more about how we stand up to the government to protect prisoners’ rights.