Have you been in a motor vehicle accident in the past 2 years? Click here to learn more

Prison inmates lose their freedom but not their rights. This might not seem like a meaningful distinction, but the idea is that prison administrators and corrections officers cannot simply lock up prisoners and throw away the key. Instead, they're responsible for the health, safety, and dignity of those incarcerated.

When can prisoners sue for civil rights violations? When facilities violate prisoners' rights, those individuals can pursue legal remedies.

A Look at the Basic Civil Rights Inmates Retain

The U.S. Constitution protects the rights of all Americans. Prisoners lose some of these rights while incarcerated, such as the right to possess a firearm or remain free from searches and seizures.

However, other civil rights are so essential that they're preserved even while serving a prison sentence. Some of the rights inmates retain include:

Prohibition Against Cruel and Unusual Punishment

The Eighth Amendment prohibits cruel and unusual punishment. This amendment was written specifically to protect inmates from torture and inhumane conditions. However, courts have also interpreted it to cover all conditions for the treatment of inmates, including restrictions on excessive force.

Moreover, the Eighth Amendment requires prisons to meet inmates' essential needs, including food, bedding, shelter, and adequate medical care. It also requires necessary medical treatment when inmates need it. A violation of the Eighth Amendment can provide grounds for a civil rights lawsuit.

Due Process

The Fourteenth Amendment gives all citizens the right to due process of law. “Due process” means that prisoners have the right to challenge any additional charges that extend their incarceration. They also have the right to access courts to remedy civil rights violations.

The Most Common Civil Rights Violations in Prisons

The following are some of the most prevalent civil rights violations in prisons and common types of prison civil rights claims:

Excessive Force

Correctional officers can only use the force necessary to protect other officers and inmates. Force cannot be used strictly to punish inmates. Liability often turns on the officers’ conduct, especially when it is intentional or reckless rather than a good-faith effort to maintain order. Excessive force can also include physical abuse that causes injury.

Denial of Medical Care

Facilities cannot be deliberately indifferent to an inmate's serious medical needs. This means a prison cannot deny you access to a doctor or otherwise fail to address a life-threatening or debilitating medical condition. Officials must take reasonable steps to secure care for inmates in custody.

Unsafe Conditions

Prisons must avoid imposing any conditions that would amount to inhumane treatment or torture. For example, a facility must repair a broken sewer line to prevent the spread of disease. Prison officials may be liable when their failure to correct known dangers exposes inmates to harm.

Discrimination

Correctional facilities cannot discriminate based on race, religion, national origin, or disability. The equal protection clause provides this protection against discriminatory treatment. Furthermore, prisons must accommodate religious practices and disabilities unless they have a compelling reason not to, such as safety.

Retaliation

Administrators and correctional officers cannot retaliate against inmates for complaining about conditions, filing grievances, or using other protected free speech. Retaliation in specific instances would discourage the use of the grievance system.

What Is the Required Legal Basis for Lawsuits?

Can prisoners sue for civil rights violations? Federal law allows a person, including federal and state prisoners, to sue government officials, including police officers, jail staff, or prison personnel, when they are acting under color of law. These suits seek relief when officials violated constitutional rights. Importantly, many of these claims are filed in federal court and can seek compensation for any resulting losses.

Challenges Inmates Could Face When Suing for Their Rights

The greatest hurdle for inmates suing for civil rights violations is the Prison Litigation Reform Act (PLRA). This law requires inmates to exhaust administrative remedies, such as a prison's grievance system, before filing a lawsuit.

Qualified immunity can also pose an obstacle when pursuing a case without any precedent. It blocks inmates from suing government officials unless their acts violate clearly established rights.

What Inmates Can Sue For

The claims asserted in a Section 1983 case typically include bodily injury, harm, or false imprisonment. The compensation you can seek includes compensatory damages for economic and non-economic losses, and victims may also seek compensation for severe outcomes, including death, when the facts support it.

Economic losses cover medical costs, as well as the impact of any long-lasting disabilities on your future earnings. Non-economic losses include your pain and suffering.

You can also seek injunctive relief. An injunction can prohibit the prison from continuing its practices or require it to change them.

Recent Legal Trends Surrounding Prisoners' Rights

Recent cases have involved topics such as gender identity treatment, access by inmates to their medical records, and the use of solitary confinement. Red Onion State Prison, in particular, has faced recent lawsuits and allegations about the effects of isolation on inmates' mental health.

The Role of Civil Rights Attorneys in a Prisoners' Rights Case

A civil rights attorney can play an important role in helping inmates pursue legal recourse during the grievance process and any subsequent legal action.

A lawyer can perform legal research to provide a sound basis for the claim. They can also guide the inmate and their family through the litigation process. Finally, they can advocate for the prisoner in court to seek justice for rights violations and other mistreatment, including compensation for any injuries or losses.

FAQ

Are Prisons Required to Provide Mental Health Care?

Prisons commit a civil rights violation when correctional officials show deliberate indifference to an inmate's serious medical needs. These needs can include mental health care, which falls within the right to adequate medical care, if the inmate suffers from mental illness, such as schizophrenia. It can also include treatment for mood disorders like depression or bipolar disorder.

Can I Sue When a Prison Fails to Protect Me From Other Inmates?

The Eighth Amendment protects inmates from foreseeable harm. In other words, administrators and prison guards must take reasonable measures to protect inmates from known violence. A violation of prisoner's rights can occur when officials know of a substantial risk and do not act.

Can Prisoners Sue for Civil Rights Violations of the First Amendment?

Prisoners have religious and speech rights under the First Amendment, though facilities have the authority to restrict them to protect officers and other inmates. For example, you have the right to practice your religion, but the prison can prevent you from using real candles, which may pose a safety hazard.

Contact Commonwealth Law Group to Discuss Remedies for Prisoners' Rights Violations

Civil rights violations can significantly burden an inmate serving time in prison or jail. Addressing these violations and protecting basic human rights within the criminal justice system can make the prisoner's sentence safer and more productive, preparing them to reenter society.

Contact our firm to discuss the violations you or your loved one has been subjected to with a qualified civil rights attorney.

If you have been injured at work or through the negligence of another individual or entity, contact us at (804) 999-9999 or use the form below to connect with our legal team. We will fight to get you the justice you deserve.