Jail and Prison Cases (Brooklyn)
An individual does not lose all of their civil rights just because they have been arrested or imprisoned. Abuse of inmates and prisoners is a civil rights violation with legal remedies enabling you to recover monetary compensation for the injuries you have suffered. If you or someone you love has been subjected to physical or sexual abuse, officer misconduct, denial of medical care, or otherwise had your rights violated while incarcerated, you may have a case for legal action. At Held and Hines, our team of attorneys are devoted to ensuring justice for all – and that includes those spending time in jail or prison. With the help of our experienced lawyers, you or your loved one can be well on your way towards justice and compensation for any abuse suffered in a jail or correctional facility.
Unfortunately, inmate abuse is not a rarity. Inmates can be abused by prison guards, other inmates, and even the medical staff. Common types of claims include (but are not limited to):
- Excessive use of force / beatings
- Retaliation for filing grievances and reporting abuse
- Verbal abuse, including threats of harm, humiliation, and racially charged language
- Sexual assault, abuse, rape, and harassment
- Delay or denial of constitutionally adequate medical care
- Excessive isolation (such as solitary confinement)
- Dangerous temperatures (heat and cold)
- Failure to release prisoners on the release date
Even in incarceration, inmates have constitutionally-protected rights. The most important of which are:
- Protection from cruel and unusual punishment under the Eighth or Fourteenth Amendments
- Due process of law, and
- Equal protection under the law.
Additionally, prison officials are strictly prohibited from targeting inmates on the basis of race, gender, sexual orientation, religion, or nationality. Hearings must be held before a prisoner is deprived of any of their fundamental rights. If an officer or prison official violates one of these rights, victims can invoke legal recourse and pursue a lawsuit.
Courses of action available to prisoners include filing a lawsuit against the officer, prison official, and/or government in state or federal court. Ensuing remedies from such cases fall into one of two categories, injunctive relief and monetary damages. Examples of injunctive relief include changing the prison policies that led to the abuse, firing the abusive guards, reducing overcrowding, etc. Monetary damages are designed to compensate the inmate in the form of money for pain and suffering, financial losses, etc. Punitive damages may also be pursued to punish the prison guard for their misconduct.
Held and Hines will gather evidence of the abuse and advocate on your behalf. Our experienced attorneys will evaluate your case, gather evidence to strengthen and support your claim, and explore every legal avenue to ensure that the maximum amount of compensation is achieved. We take our clients’ civil rights extremely seriously, and we will work tirelessly for you and your loved ones. Abuse of power will not be tolerated in our cases, and we will pursue justice for you and your family to the fullest extent of the law.
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