Prisoner Rights Litigation

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. Recent headlines regarding rampant prison violence, poor conditions, and abject neglect proved to be just the tip of the iceberg:​

 

Local, state, and federal governments have brushed off concerns regarding prison conditions for far too long. This inaction ignores the humanity of individuals accused or convicted of crimes. It also trounces fundamental rights enshrined in our Constitution which apply to all individuals including those who have been, or are currently, incarcerated. What incarcerated individuals and their families frequently do not understand is that when these rights are violated liability and damages against the municipality or its 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.

 

There are three basic theories pursuant to which inmates customarily bring Eighth or Fourteenth Amendment claims:

 

- Denial of adequate medical care.

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- Unconstitutional conditions of confinement unrelated to medical care.

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- Failure to protect.

 

Denial of Adequate Medical Care Claims

 

These 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. The failure of prison officials to adequately tend to an incarcerated individuals’ serious medical needs can result in money damages.

 

Conditions of Confinement Claims

 

These 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

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These 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. Prison officials have a duty to protect prisoners from violence at the hands of other prisoners. 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.

 

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.

 

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