Can I Sue for Abuse by Police or Prison Guards?

The United States has one of the highest incarceration rates in the world. Inmates can suffer personal injury, sexual abuse, or even be killed while in state and federal prisons by fellow inmates, prison guards, or correctional officers.

Here, you will find an overview of rights against prison abuse. For legal advice, contact a civil rights attorney.

Excessive Force and Prison Abuse: Civil Rights Lawsuits

Most prison abuse lawsuits fall under 42 U.S. Code § 1983. This is a federal statute and part of the Civil Rights Act that gives people the right to file a lawsuit if their human rights have been deprived. Anyone can hold government employees or entities — including local governments and county jails — liable for civil rights violations.

You can bring a Section 1983 claim for a wide range of different types of prison abuse. Some examples of constitutional rights claims include:

• Injuries caused by prison guards and prison staff
• Prison negligence, which results in attacks by other inmates
• Sexual abuse or sexual assault by prison staff or other inmates
• Insufficient medical care and medical negligence
• Conditions that amount to cruel and unusual punishment under the Eighth Amendment to the U.S. Constitution

“It’s a good statute in that you can collect money damages for medical expenses,” says Howard Friedman, a civil rights attorney in Boston. “You can get injunctions, the other side can be made to pay your attorney’s fees, and you can get punitive damages.”

Federal civil rights law differs from most other areas of law when it comes to holding a government entity accountable. “The employer is not required to pay a judgment just because an employee did something and was found liable,” Friedman says. “And so, in order to hold a local government entity responsible … you have to show that the constitutional violation was caused by a policy or a custom of the city.”

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The Difference Between Police Abuse and Prison Abuse Cases

While both prison guard and police abuse cases fall under the same federal laws, there are some differences. The Prison Litigation Reform Act (PLRA) has made it more difficult for prisoners to file a civil rights lawsuit for physical injuries caused by the unlawful use of force.

Before going to federal court, prisoners must exhaust all applicable administrative remedies. Among other things, this means inmates must try to resolve their complaint with their prison’s grievance system. Failure to exhaust all administrative remedies will likely result in a claim being dismissed outright.

“If you’re illegally strip-searched and you have no serious injury, you cannot bring a case while you’re in custody,” Friedman says. “But if you’re in jail and you’re released, whether it’s the next day or six months, as long as it’s within the statute of limitations, the PLRA does not apply.”

Police brutality cases are tricky because plaintiffs often have criminal charges and are already working with a criminal defense attorney. “If you have a criminal case pending, the [civil rights] lawyer should be coordinating with the criminal defense attorney,” Friedman says.

In cases involving police, one of the most common defenses governments will raise is qualified immunity. “The general idea is that police officers should be liable if the law wasn’t clearly established, so a police officer would know it,” says Friedman. “But it gets very complicated. So the federal courts will say ‘Well, there hasn’t been a case exactly like this one,’ and sometimes limit it to very, very specific facts.”

Steps To Protect Yourself and Your Rights

Whether dealing with state or federal prison staff, there are a few things you can do to protect your rights.

Law enforcement officer or correctional officer assault can lead to very serious — potentially even life-altering — injuries. If you or your loved one was hurt by an officer, immediate medical attention is a must.

Make sure you get yourself evaluated by a qualified doctor. If you have been injured in a correctional facility, it’s best to request a hospital visit. “If you can get them to send you outside to get medical treatment in a hospital, that is likely to be better,” Friedman says.

However, Friedman says, it’s not a good idea to see a doctor just to build a case. “What’s important is, if you need treatment, you get treatment,” he says. “But you don’t go for treatment because you want to bring a lawsuit. If you go into a hospital and say, ‘I’d like you to examine me because I’m thinking of suing the police,’ they will write that down.”

Secure and Organize All Relevant Evidence

Excessive force and police brutality legal actions are complex legal cases. To prevail in a civil rights lawsuit, a plaintiff needs supporting evidence.

To the best of your ability, try to secure all evidence relevant to the assault or abuse. This includes everything from witness statements to social media posts, physical evidence, phone calls, cellphone video, and video recorded by the agency.

“These videotapes are often destroyed within a month,” Friedman warns. “It varies from place to place, but getting a preservation letter out is very important.”

Contact a Civil Rights Attorney

Do not go up against law enforcement or governments on your own. “[You] need to have a lawyer who knows the area of law,” Friedman says. “It’s not an easy area of law.”

If you are a victim of police brutality or abuse at a department of corrections, contact a law firm. An experienced civil rights lawyer will be able to review your case, explain your options, and help you take action to protect your prisoners’ rights.