What Recourse Is Possible for Violations of Inmates’ Rights in Prison?

The government undertakes enormous responsibilities when it imprisons someone. In addition to housing, feeding, and clothing them, administrators and correctional officers must respect inmates’ rights in prison. When they fail to do so, inmates have many options for recourse against the facility.

These processes can result in a wide range of remedies, including judicial intervention to stop the violation and even to award monetary compensation to the inmate.

Procedures Available to Report and Remedy Violations of Inmates’ Rights in Prison

Prisoners retain many of their civil rights, including the following:

• Freedom from discrimination
• Medical care for serious conditions
• Freedom from cruel or unusual punishment
• Freedom from excessive force by correctional officers
• Safety from other inmates

At the same time, these rights are nuanced and contain exceptions. For example, officers can use reasonable force to protect themselves or others. However, they cannot use violence gratuitously or employ force as punishment.

Inmates have the following options for reporting and seeking recourse for these rights violations:

File a Grievance

The correctional facility housing you or your loved one has an internal grievance system. You must follow this system to seek recourse for a violation of inmates’ rights in prison for two reasons.

First, the Prison Litigation Reform Act (PLRA) requires inmates to “exhaust” all administrative remedies before filing a lawsuit. This means you must pursue the internal grievance process to a final decision. Thus, you will file a grievance and, if you have the right to appeal a denial to the warden, you must also appeal.

Second, the grievance process allows you to document the violation while the case is fresh. Memories fade, and evidence can disappear. By filing a grievance, you may avoid these problems.

Request an Oversight Investigation

In an ideal situation, the facility’s administrators will accept the grievance and resolve the violation. However, if this does not happen, you or your civil rights lawyer can report the problem to the agency responsible for overseeing the facility.

The Virginia Department of Corrections sets standards for state-run facilities and inspects both state prisons and county jails. The Federal Bureau of Prisons fills the same role for federal prisons.

This step is not required under the PLRA. However, it can be an effective way to correct violations that have not yet harmed anyone but pose a risk. For example, you might request an investigation if the conditions are hazardous due to sewage leaks or a lack of heating or cooling.

Seek Injunctive Relief

Once you have exhausted your administrative remedies, you are allowed to file a lawsuit. A lawsuit can seek injunctive relief to stop ongoing rights violations and prevent future violations.

An injunction is a court order requiring a person or entity to do something or refrain from doing something. For example, an injunction might require a correctional facility to stop its officers from using chokeholds as a violation of inmates’ rights in prison under Virginia law. Similarly, an injunction might order the prison staff to provide medical care for your serious condition.

Importantly, injunctions are enforced through the judge’s contempt power. If the correctional facility fails to obey the injunction, you and your civil rights attorney can ask the judge to hold the facility in contempt of court.

Pursue Monetary Damages

In addition to injunctive relief, you may also have the right to request monetary damages in your lawsuit. The nature of this lawsuit will depend on the rights violation. For example, it might include a medical malpractice claim for a prison doctor’s negligence.

Work With Attorneys to Build a Case of Rights Violations

In some cases, you might need help from lawyers who focus on civil rights violations. Civil rights cases can cover all types of rights violations, such as your right to exercise your religion, receive and send correspondence, and meet with your lawyer. In other words, these cases cover more than accidental injuries and excessive force allegations. The civil rights lawyer will gather evidence that can be used in court.

Involve Civil Rights Organizations and Advocacy Groups

Prison conditions are a hot topic for civil rights organizations. The benefit of these advocacy groups is that they can get media coverage for the issues you face. Additionally, they can lobby legislators to hold hearings and pass laws to correct the problem.

File a Section 1983 Lawsuit

Federal law gives you the right to sue state or local officials for violations of your Constitutional rights, including your right to be free from cruel and unusual punishment. If you win this lawsuit, called a Section 1983 lawsuit, the state must compensate you for your losses, including medical bills for any injuries you sustained and any pain and suffering you endured.

FAQ

Can I Win Attorney’s Fees in a Section 1983 Lawsuit?

A judge can award attorney’s fees and expert witness fees if you win a Section 1983 lawsuit. This means that the prison may be required to pay for most or all of the costs associated with your litigation.

What Civil Rights Do Prisoners Have?

Prisoners keep most of their civil rights, although they may be adjusted for the prison setting. For example, they have rights under the First Amendment to access news and reading materials. However, the facility can screen out any obscene materials.

What Civil Rights Do Inmates Lose?

In addition to their freedom of movement, inmates also lose their right to be secure from searches and seizures. Thus, officers can search an inmate’s body or cell at any time without a warrant. However, even these searches have limits if they constitute racial discrimination or sexual harassment.

Contact Commonwealth Law Group to Discuss Recourse for Violations of Inmates’ Rights

Inmates retain many of their civil rights. Contact us to discuss how we can help you or your loved one correct rights violations while incarcerated.