What Are the Rights of Prisoners in the US?

People who are incarcerated in the United States do not lose all of their constitutional and legal rights. However, enforcing these rights can be complex. Courts must balance protecting inmate rights with the legitimate interests of the correctional facility and public safety. If someone incarcerated feels their rights have been violated, speaking with an attorney can help.

Constitutional Rights of Prisoners

While incarceration restricts some freedoms, it does not strip prisoners of all their constitutional rights. The U.S. Supreme Court established this in the case Turner v. Safley. The Court determined that prison regulations can impede inmates’ constitutional rights as long as they are reasonably related to a legitimate interest.

The Court established the Turner Test to make its ruling. This is a four-factor test that determines the constitutionality of prison regulations:

1. Is there a valid, rational connection between the regulation and a legitimate governmental interest?
2. Do inmates have alternative means to exercise their rights?
3. What impact will accommodation of the right have on prison resources and security?
4. Are there ready alternatives to the regulation?

Prisoners in the criminal justice system retain the right to free speech and religion under the First Amendment. The Eighth Amendment protects them from cruel and unusual punishment. The Fifth and Fourteenth Amendments protect due process and access to courts.

The Eighth Amendment and Cruel and Unusual Punishment

The Eighth Amendment to the U.S. Constitution prohibits the federal government from imposing cruel and unusual punishment. The U.S. Supreme Court has provided guidance on what “cruel and unusual punishment” means through case law:

• Excessive force by correctional officers. Officers apply excessive force maliciously and sadistically to cause harm rather than in a good-faith effort to maintain or restore discipline.
• The denial of basic necessities. Food, shelter, and sanitation are essential for human dignity and survival. Conditions that deprive inmates of these necessities may violate the Eighth Amendment if they result in the unnecessary and wanton infliction of pain.
• Deliberate indifference to inmate health and safety. Prison officials knowingly disregard excessive health and safety risks to inmates.

Courts use two standards when claiming cruel and unusual punishment. Both must be satisfied to have a successful Eighth Amendment violation claim.

1. Objective standard element. This requires the action to cause substantial harm or be a sufficiently serious denial of life’s necessities.
2. The subjective standard element. This requires the prison official to have a sufficiently culpable state of mind, demonstrating deliberate indifference to the inmate’s health or safety.

Due Process Rights for Prisoners

The right to due process under the Fifth and Fourteenth Amendments to the U.S. Constitution guarantees fairness and impartiality in government actions.

The Fifth Amendment prohibits the deprivation of life, liberty, and property without due process of law. The Fourteenth Amendment prohibits a state government from depriving any person of life, liberty, or property without due process of law. For inmates, these protections apply but have limitations due to the nature of incarceration.

The U.S. Supreme Court has outlined how due process applies to inmates when addressing their grievances:

• Inmates must be informed of the charges against them before any hearing to address them
• Inmates should be given the opportunity to present evidence and call witnesses on their behalf.

An impartial tribunal must conduct all disciplinary hearings. When disciplinary action is taken, the inmate must be presented with a written statement outlining the evidence used and the reason for the action taken.

The U.S. Supreme Court ruled that inmates are owed their due process rights if the disciplinary hearing could result in the loss of good-time credits or placement in solitary confinement.

Access to Legal Representation

People have a right to legal representation in the criminal justice system. This right doesn’t stop when individuals become inmates. In Bounds v. Smith, the U.S. Supreme Court ruled that prisoners have a constitutional right to access the courts.

For inmates who have hired legal representation, the prison must enable the inmate to communicate with the attorney. Inmates have a right for that communication to be confidential, allowing inmates to discuss legal matters candidly without fear of surveillance or retaliation.

Religious Freedom in Prison

The Federal Religious Land Use and Institutionalized Persons Act (RLUIPA) prohibits prisons from imposing substantial burdens on inmates when exercising their religious beliefs. The exception is a burden that furthers a compelling governmental interest and is the least restrictive means.

The First Amendment protects the right to freely practice and exercise religion. Incarcerated people retain this right while in state or federal prison. However, this isn’t a limitless right. Courts have routinely held that this freedom can be restricted as reasonably necessary for safety or administrative concerns.

For example, prison policy could limit the number and size of group gatherings due to gang activity. The prison could prohibit religious items that prisoners could weaponize or use to smuggle contraband. Likewise, the prison could impose reasonable schedules so that religious activity doesn’t interfere with the prison’s overall schedule.

Access to Religious Services

Inmates have the right to participate in religious services and group worship. Generally, Prisons must make reasonable accommodations to allow inmates access to clergy, worship services, and religious study.

Access to Religious Texts, Materials, and Diets

Inmates must be permitted access to religious texts and materials such as Bibles, Qur’ans, Torahs, and other scriptures necessary for religious exercise. Kosher, halal, or vegetarian meals can be requested to conform to religious beliefs.

Prisons must accommodate religious diets unless they can demonstrate a compelling reason not to. Inmates have a right to follow grooming practices, such as wearing beards or religious head coverings if sincerely held and consistent with religious beliefs. Restrictions on grooming must meet the compelling interest and least restrictive means test under RLUIPA.

Medical Care and Health Rights

Federal law requires prisons to provide medical care to prisoners. The Eighth Amendment, As interpreted by the U.S. Supreme Court, prohibits ignoring the medical needs of prisoners. The U.S. Department of Justice enforces these protections under the Civil Rights of Institutionalized Persons Act (CRIPA).

The medical treatment that prisons must provide includes:

• Acute and chronic physical illnesses
• Mental health care
• Access to prescription medication prescribed by a qualified medical professional

There is a difference between medical malpractice and a constitutional violation. Medical malpractice is a medical professional’s negligent care or error while administering care to an inmate. It does not rise to the level of a constitutional violation. These claims are civil and brought in state court. Inmates can file a medical malpractice lawsuit against the prison’s staff under the Federal Tort Claims Act (FTCA).

Protections Against Discrimination

Under the Equal Protection Clause of the Fourteenth Amendment, inmates are protected from discrimination by prison officials and staff. Prisons cannot discriminate based on race, gender, and other protected characteristics.

Title VI of the Civil Rights Act of 1964 protects against discrimination based on race, color, and national origin. The majority of prison systems are included because they receive federal financial assistance.

The Americans with Disabilities Act (ADA) prohibits discrimination based on an inmate’s disability. This protection is all encompassing to include federal and state prisons and county jails. The U.S. Supreme Court confirmed this protection in a Pennsylvania case, Dep’t of Corr. v. Yeskey. As part of this protection, prisons must provide reasonable accommodations for disabled individuals.

Defining and identifying discrimination is an evolving topic. Most recently, courts have recognized a deliberate indifference by prisons to the safety of LGBTQ+ inmates. These inmates are at greater risk of sexual assault and physical violence. The Prison Rape Elimination Act (PREA) was enacted to eliminate prisoner rape in all types of correctional facilities.

Discriminatory denial of access to gender-affirming healthcare for transgender inmates has been found unconstitutional under the Eighth and Fourteenth Amendments in several federal courts.

How Prisoners Can Assert Their Rights

The Prison Litigation Reform Act (PLRA) requires prisoners to exhaust all possible administrative remedies before filing a federal lawsuit with a prisoner’s rights violation or prison conditions claim.

Grievance Procedures

Grievance procedures can vary depending on the type of facility the prisoner is held in. The general process requires the prisoner to submit a written complaint to the prison’s officials. The prison administration will review the complaint and address it. The prisoner must be able to appeal the decision if the grievance is denied. Similar to court procedural rules, prisons have deadlines and procedural rules that the prisoner must follow. Failure to follow these rules could bar the prisoner from filing a federal claim later.

Filing a Lawsuit

Once the prisoner exhausts the grievance process within the prison system, they can file a lawsuit in federal court. A civil rights lawsuit is used to challenge a constitutional rights violation. This includes claims of First, Eighth, and Fourteenth Amendment violations.

Another option is to file a habeas corpus petition. These are used for claims of wrongful conviction, unconstitutional sentences, or parole denials. Habeas corpus claims are different from civil rights lawsuits. They focus on the duration and not the conditions of confinement.

Meeting Legal Deadlines

It’s crucial for prisoners filing federal claims to meet all timelines and procedural requirements. Failure to do so can result in the claim being dismissed, regardless of the claim permit.

Getting Legal Help

While prisoners can represent themselves (file pro se), hiring legal representation can improve the prisoner’s experience. The legal system is complex, and a lawyer has the experience and knowledge to assist the prisoner in filing their claim. A lawyer will provide guidance on strategy and gathering compelling evidence.

If a prisoner cannot afford a lawyer, there are legal advocacy groups that may be able to help. The American Civil Liberties Union (ACLU) assists prisoners with complaints about rights violations and prison conditions. It routinely brings lawsuits about systemic constitutional rights violations within the Department of Corrections.

Another option is the prison’s law office. All prisons are required to provide inmates with access to legal resources. These resources can range from a law library to an office that employs jailhouse lawyers.

Speak With a Lawyer

Even in confinement, incarcerated individuals retain their constitutional and human rights. Safeguards against cruel treatment, discrimination, and inadequate healthcare remain enforceable, and legal mechanisms are available to assert these rights. Because the process of enforcing prisoner rights is complex and often time-sensitive, consulting an experienced attorney is essential.

Use the Super Lawyers directory to find a civil rights lawyer to help you assert your rights.