Recent Media Spotlight on Problematic Prison Conditions
Recent media spotlight has highlighted some of the dangers and sometimes deadly conditions afflicting certain jails and prisons in the United States. Over the last few years, conditions at numerous high-profile prisons have been called into question. In the New York metro area, two facilities have been at the forefront of the controversy.
Rikers Island – a local jail housing individuals charged with state crimes out of New York City.
Metropolitan Detention Center Brooklyn – a federal jail housing individuals charged with federal crimes.
Recent headlines have proved to just be the tip of the iceberg:
10 Deaths, exhausted Guards, Rampant Violence: Why Rikers is in Crisis (NY Times 11/8/21).
‘Abject Neglect’: critics report chaotic and deadly conditions on Rikers Island (The Guardian 10/19/21).
Photos inside Rikers Island expose hellish, deadly conditions (NY Post 10/21/21).
Another inmate dies at Rikers island, marking seventh DOC death this year (NY Post 6/20/22).
Secret Internal Report Slammed Warden For Freezing jail Conditions – The He was Promoted Anyway (The Intercept_ 7/1/2021).
More problems at fed jail in Brooklyn; Inmates report no lights, water or hot food, few staffers (NY Daily News 10/10/21)
How Did We Get Here?
These prison problems persist because it has proved to be all too easy for local, state, and federal governments to brush off concerns regarding prison conditions. This is mainly due to three reasons:
Limited political gain in funding better prison environments.
Societal sense that prisoners are incarcerated based on their own choices.
Societal ideas related to punishment, mainly that prisons are not supposed to be comfortable.
There are two problems with these lines of thinking. First, they ignore the humanity of individuals accused or convicted of crimes. Second, they trounce fundamental rights enshrined in our Constitution which apply to all individuals including those who have been, or are currently, incarcerated.
There are constitutional lines that local, state, and federal governments and their employees cannot cross with respect to prison conditions. What incarcerated individuals and their families frequently do not understand is that when these lines are crossed liability and damages against the municipality, or their employees, can result.
Protecting Prisoner Rights and Righting Prison Wrongs
Individuals convicted and sentenced to jail time can recover money damages if prison conditions violate their constitutional rights. While it is true that individuals convicted of a crime can be incarcerated as a form of punishment it is also true that the Eighth Amendment prohibits cruel and unusual punishment against convicted prisoners. State and federal courts have held that inadequate prison conditions can be a form of cruel and unusual punishment and thus violate the Eighth Amendment.
Individuals charged with crimes can be incarcerated pending trial if they are a flight risk (New York State and Federal Courts) or if they pose a danger to the community (Federal Courts only). The Fourteenth Amendment prohibits any punishment against pretrial detainees, however. Thus, state and federal courts have held that inadequate prison conditions can be a form of unconstitutional punishment and thus violate the Fourteenth Amendment.
“[T]he Constitution does not mandate comfortable prisons.” Rhodes v. Chapman, 452 U.S. 337, 349 (1981). However, prison officials may not “create inhumane prison conditions, deprive inmates of basic necessities, or fail to protect their health or safety.” Overton v. Bazzetta, 539 U.S. 126, 137 (2003). There are three basic theories pursuant to which inmates customarily bring Eighth or Fourteenth Amendment claims:
Denial of adequate medical care.
Unconstitutional conditions of confinement unrelated to medical care.
Failure to protect.
Denial of adequate medical care claims relate to situations where prisons do not adequately tend to the medical needs of the incarcerated individuals in their custody. The Constitution imposes a duty on prison officials “to ensure that inmates receive adequate medical care.” Salahuddin v. Goord, 467 F.3d 263, 279 (2d Cir. 2006) (citation omitted). See also Farmer v. Brennan, 511 U.S. 825, 832 (1994). The failure of prison officials to adequately tend to an incarcerated individuals’ serious medical needs can result in money damages.
Conditions of confinement claims relate to situations where incarcerated individuals are exposed poor physical conditions. The Constitution imposes a duty on prison officials to provide adequate food, lighting, ventilation, and other basic living conditions. The failure of prison officials to meet these basic living conditions can result in money damages.
Failure to protect claims relate to situations where incarcerated individuals are attacked and injured by other prisoners as a result of the failure of prison officials to adequately supervise and protect the prison population. It is well-established that “prison officials have a duty to protect prisoners from violence at the hands of other prisoners.” Farmer v. Brennan, 511 U.S. 825 (1994) (citation, quotation marks, and alteration omitted). The failure of prison officials to protect an incarcerated individual from physical or sexual abuse at the hands of other members of the prison population can result in money damages.
What Patrick Fischer Can Do For You
If you are or have recently been incarcerated and have concerns about the way you were treated by prison officials, then please contact the Law Office of Patrick Fischer for a free consultation. Patrick Fischer has enormous experience in Prisoner Rights Litigation in both state and federal courts. He can evaluate your claim, strategize where is best to file suit (state or federal court), and works towards your goals, whether it be injunctive relief seeking changes to the way a prison handles certain situations or monetary damages for violation of your constitutional rights.
Contact Patrick Fischer today at patrickfischerlaw@gmail.com or 845-418-6894.
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