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When a person is in jail or prison they lose their freedom of movement, but they do not lose their constitutional right to be free from cruel and unusual punishment. A person in custody retains the right to be free from excessive force and sexual assault, and to receive treatment for their serious medical needs.
This means that prisoners cannot be abused, and cannot be neglected. Yet all too often that is exactly what happens. Every day inmates across the country are physically and sexually assaulted, often by the guards who are supposed to keep them safe. And inmates repeatedly fail to receive medical care they clearly need. This must end.
If you or a loved one was injured while incarcerated, give us a call. You may be eligible for compensation, and we want to fight for you.
A Serious Problem
Our civil rights attorneys have unfortunately encountered many forms of prisoner abuse and neglect, including but not limited to:
- Denial of medical care. No matter the reason or situation, withholding these basic needs cannot be justified in the name of discipline or maintaining order.
- Excessive force by jail or prison staff. Unreasonable use of force that causes serious injury to inmates is not permissible.
- Sexual assault by prison staff.
- Deliberate indifference to suicidal ideation. If an inmate expresses the desire or intention to take their own life, the jail is required to take appropriate action.
These are just a few of the kinds of cases we’ve seen. Every single one is a serious civil rights violation, and each one is potentially grounds for legal action that may result in compensation being awarded.
Fighting for Justice
If you or a loved one has suffered abuse or neglect while in prison, it can feel like you have nowhere to turn, no one who will take you and your case seriously. But that’s not true.
Morgan & Morgan civil rights attorneys know that everyone deserves respect, dignity, and to have their civil rights protected. We are ready to fight for justice and compensation for you and your family, and our services are always free unless we win.
The consultation is also always free, which means that no matter your financial situation, you can afford a great legal team. Call today, we’re available 24/7.
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Jail Injury and Neglect FAQs
A family member recently died in jail because of an infection. He repeatedly asked for medical treatment, but was denied. What can we do?
You may have a case for a lawsuit and compensation. A jail or prison is required by law to provide the medical needs of their inmates. Failure to do so is constitutionally prohibited cruel and unusual punishment, and when it leads to injury or death, the prison can be found liable and forced to pay compensation.
How much time do I have to file a claim?
Every state has specific statutes that limit the time that you have to bring a claim for personal injury, and these periods apply to jail cases as well. But if the victim is still in custody there are additional laws requiring the use of the jails’ grievance system before a claim can be brought, and those often have very short time periods during which a claim is allowed. You should file a grievance and contact an attorney, immediately.
A prison guard assaulted me because I said something that made him angry. The beating resulted in broken bones. Do I have a case?
Any time a guard uses unnecessary or excessive physical force and causes injury, the jail or prison should be liable for those damages. So yes, you do potentially have a case. Call today for a free case review.
How can I afford to go up against the government?
Morgan & Morgan is the largest personal injury firm in the country, and we have the ability to pursue cases against anybody, including the government. With us, you can afford to take on the government and demand justice because you don’t pay anything up front or throughout the course of the case. You only pay when we win.
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Our attorneys specialize in over 200 practice areas, including:
- Police Brutality Lawyers
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- What Is the Definition of Police Harassment?
- How to Handle Police Brutality
- How Much Does a Civil Rights Attorney Cost?
- Can You Sue After a Criminal Case?
- When Should I Get a Civil Rights Attorney?
- Can I Sue My County for False Charges?
- Jail Sexual Assault Lawsuit
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