Whether in custody, local jail or prison, your rights as a citizen of the United States stay with you no matter the crime you committed. According to the Eighth Amendment, you have the right to a reasonable bail amount, reasonable fines and protection against cruel and/or unusual punishments. These acts can be at the hands of the guards themselves or their lack of action in obvious situations.
A prison is an extremely dangerous place filled with violent and aggressive criminals. The job of a prison guard is not easy and can never be fulfilled to perfection. Unfortunately, they may be unaware and unable to protect you against all violence or abuse, but it is their job. A prison guard is paid to keep the peace and protect all inmates, no matter their crime. For this reason, you can file under Section 1983, a civil suit for a guard who knowingly violated his position of authority. Misconduct in prison can from the playground bully to the severe. A guard should be there to protect you, not add to the already intense and dangerous situation you are in. Abuse can come in many forms including these:
The job of a prison guard is not to be taken lightly. They must act in a respectful manner to their position and not abuse the authority they’ve been given. It is far too easy to be negligent or cruel after years of becoming hardened themselves. This does not excuse behaviors that go against your civil rights.
If you have been mistreated by a guard directly or indirectly, you may have a case in which you can seek damages for being denied your civil rights and pain and suffering. If you have a family member or loved one in prison, who was denied their right to peaceful detainment, you may file on their behalf and seek justice for wrongful death, pain and suffering.
Contact one of our prison guard misconduct attorneys to determine what steps you need to take for a lawsuit against those who have harmed you or someone close to you.
Represented client injured by custodial staff while in prison. Case settled for $500,000 before trial.
Represented client injured by custodial staff while in jail. Case settled for $335,000 before trial.
Represented client subject to unreasonable search and seizure, and then subject to excessive force, being Tased by a police officer. Case settled for $400,000 before trial.