Can You Sue For Injuries In Jail Or Prison?
by Lawrence Miller
If an inmate is injured because their handlers neglect them or the condition of the jail is unfit, then they can sue their handlers for damages. The Civil Rights Act protects the inmates from sustaining severe injury and neglect while they are incarcerated. Section 1983 of the Civil Rights Act protects the inmates from injury at the hands of agents of the government.
What Can an Inmate Sue For?
It's no secret that inmates don't have the same rights people who aren't incarcerated do, but since they do have some rights, there are still some cases in which they can sue. There are several administrative actions an inmate must take before he or she can sue, including filing a grievance.
Inmates can sue for an injunction to change the conditions they are facing. This will be a suit against the actual state employees in charge. An example of an injunction would be forcing an inmate to work despite being injured severely enough to be excused.
An inmate is able to sue for lack of medical attention under certain circumstances. There are two factors required to justify suing for inadequate medical care. First, the person who should provide the care showed deliberate indifference and failed to get adequate care for the inmate intentionally. Additionally, the inmate must have a serious injury or illness that needs medical attention to qualify.
Furthermore, inmates can sue jail employees for assault, negligence in supervision, and being deprived of basic civil rights. All offenses must be proven in a court of law and a lot of the injustices that happen to inmates in prison are difficult to prove. It's often the word of the inmate against the word of multiple employees from the jail.
It Does Happen: An Example of Inmate Neglect
In 2014, Amy Rolon suffered a traumatic brain injury while she was serving time at the York Correctional Institution for women in Niantic. She was suffering from withdrawal of heroin and was allowed to seize and fall, hitting her head, which resulted in her brain injuries. The staff was caught on camera repeatedly ignoring her when she needed help. Rolon is now unable to walk, partially paralyzed, and lives in a nursing and rehabilitation center. She sued for 7.5 million dollars to pay for the medical bills that she will have to pay the rest of her life.
While you do have fewer rights while in jail – you do still have rights. If you (or someone you love) was hurt in jail and you believe negligence may have played a part, there are steps you can take to get financial compensation. Contact an injury lawyer like James Lee Katz for more information.
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About Me
What kind of injuries can you hold someone liable for? How severe do the injuries have to be? When my husband was injured by a faulty saw, we weren't sure what we were going to do. At that time, we didn't have any health insurance and had to try to come up with the money for emergency and long-term medial treatment. This created an impossible time for my family. My husband was out of work and we had medical bills piling up because a product that we paid a lot of money for malfunctioned and injured my husband. So, what can you do when this happens? Read through my blog.