Philadelphia Prisoner Abuse Lawyers

Inmate Rights

Whether an inmate is in jail or prison, he/she has constitutional rights under federal law. If any of these rights are violated, then the prisoner can pursue injunction relief and monetary damages by filing a civil rights lawsuit.

The following are the most important rights for prisoners:

• Protection from cruel and unusual punishment – Under the Eighth Amendment, this protection is designed to prevent jail and prison officials from abusive and or otherwise outrageous conduct. Inmates can invoke these rights if a prison guard punishes you for no disciplinary reason, attempts to rape or sexually assault you, ignores your request for medical aid, or if the prison is too overcrowded (i.e., holds twice as many inmates as capacity allows).
• Protection from unreasonable searches and seizures – Since constant or excessive searches that serve no purpose are considered forms of abuse, the Fourth Amendment protects inmates against unreasonable searches and seizures
• Right to due process – Under the Fifth and Fourteenth Amendments, inmates have a right to request a hearing before they are deprived of their life, liberty, or property. Due process protects prisoners from having their good-time-work-time credits stripped away or serve extended periods in solitary confinement without a hearing.
• Right to equal protection – Under the Fourteenth Amendment, inmates are protected against racial, gender, sexual orientation, religious, or nationality discrimination.

Common Types of Inmate Abuse

Inmate abuse is not uncommon in the United States. Inmates can be abused by prison guards, correctional facility staff, and other inmates. But no matter what the cause of injury is, the jail or prison itself can be held liable for abuse.

Common types of physical abuse and neglect from guards and staff include:

• Use of excessive force
• Overuse of restraints, such as handcuffs and zip ties
• Beating, kicking, or otherwise physically assaulting inmates
• Use of pepper spray or tasers
• Punishing inmates out of spite
• Destroying an inmate’s property for no reason
• Sexual abuse or assault
• Verbal abuse, which includes profanities and racially charged language
• Ignoring requests for medical attention
• Starving inmates
• Torture
• Death

Common types of abuse by a prison facility include:

• Lack of access to medical care
• Overcrowded cells
• Unsanitary conditions, such as bug or rodent infestation
• Plumbing issues
• Excessively imposing solitary confinement
• Failure to release prisoners who are eligible for release

Common types of abuse by other inmates that correctional facilities can be liable for include:

Schedule a Free Consultation Today

With more than two decades of experience helping inmates, our firm understands what it takes to obtain the best possible outcome in these cases. We are ready to help you get the justice you deserve.

Contact us today at (610) 550-8042 to discuss your case with our Philadelphia prisoner abuse attorneys.