Abuse of prisoners and inmates is a civil rights violation, if victims have the grounds to enforce such a lawsuit. If seen successful, the abused inmate could recover monetary damages. The lawsuit may also ensure policy change to prevent future abuse.
Common types of inmate abuse in jail
Inmate abuse by prison guards, the prison officials, or inmates at the facility, are very common. Regardless of cause, the jail could be responsible for abuse. Civil rights attorneys assist prison abuse victims if jails neglect to file civil rights lawsuit. Common physical abuse or neglect from prison staff and corrections officers include use of excessive force, using tasers or pepper spray, beating /kicking inmates, overuse of handcuffs, punishing prisoners without cause, destroying inmate’s property without cause, , ignoring need for medical attention, jail death , verbal abuse, humiliation and racially-charged language, indecent assault and abuse. The prison facility is abusive if it denies prison inmates, adequate medical care, excessively imposes extreme isolation, such as solitary confinement, has plumbing problems, is overcrowded, is too hot or cold, has rodent/pest infestations or is unsanitary with unhygienic conditions, or delays release of prisoners when due for release. The jail is also responsible for preventing abuse by other inmates. Jails can be responsible for preventing rape, beating, violent crime, indecent assault, stabbing, gang fights, or executions. When such abuse serves no purpose, it violates a prisoner’s rights. Inmates in the prison system enjoy constitutional rights under federal law and prison abuse attorneys do help.
Legal recourse of abused inmates
Prison abuse can violate constitutional rights of inmates and inmates can invoke rights and pursue legal recourse. They can file a complaint with the prison, file a civil rights lawsuit in state court, or file a federal civil rights lawsuit. Those civil rights lawsuits can lead to remedies like injunctive relief, and monetary damages for the victimized inmate. Injunctive relief is easy in a civil rights lawsuit. Lawsuits pursuing an injunction can secure a court order for the prison to: reduce overcrowding, fix unsanitary conditions amounting to abuse, remove abusive jail officials/ prison guards, change policies permitting inmate-on-inmate abuse, or rectify abuse and prevent it from recurring in the future. Monetary damages are difficult to recover. Damages compensate the abused inmate by reimbursing medical bills, pain and suffering, and violated civil rights, called presumed damages and include punitive damages. These damages punish the prison guard or prison facility for wrongdoing. For monetary damages, inmates must overcome qualified immunity defence which protects government officials from lawsuits over conduct while on the job.
Can lawyers help for inmates rights?
A jail abuse attorney can gather evidence of abuse and advocates for the victim. Gathering evidence of abusive prison environments, is difficult. The Department of Corrections controls everything inside its walls. Collecting evidence is difficult and even risky. Prison officials raise obstacles to hide any damning evidence. Even if evidence is gathered to support a lawsuit, filing is difficult. Civil rights lawsuits face tremendous procedural obstacles, especially for lawsuits demanding monetary damages, as the compensation is paid by government. As the lawsuit could recover taxpayer money, barriers are raised to make a win difficult. A prison abuse lawyer helps inmates by handling such problems for them. Due process rights can protect prisoners, too.