Even if you have been imprisoned in the state of New York, you still have civil rights.
You have the right to:
At the Law Office of David S. Leigh, P.C., our civil rights and prison personal injury lawyers are here to ensure that your rights are not violated, even in a prison setting.
Although the media often depicts cruelty and abuse to incarcerated individuals, these are not legally permissible. In the criminal justice system, there is such a thing as prisoner’s rights.
Unfortunately, over the years, we have seen many instances where a prisoner’s constitutional rights have been violated, leading to untold suffering, physical and mental injury and trauma, and even wrongful death. You have rights as a human being. Let us help, call now: (212) 843-0907
Over the decades, civil rights issues have been an ongoing problem throughout the New York correctional system. While a prisoner does have more limited rights while they are imprisoned, they are still guaranteed some fundamental rights under the constitution. Prisoners in the New York correctional system are still afforded rights under the Eighth Amendment.
The Eighth Amendment to the constitution says, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
The purpose of this amendment was to prohibit the government from imposing unusually harsh punishments on defendants, both pretrial and after conviction. Yet we often see violations of the Eighth Amendment take place in jails and prisons with actions such as confinement, searches, seizures, and use of force.
If you are incarcerated in our New York correctional system, you still have the right to be treated respectfully under the Eighth Amendment. If you suspect that your treatment has been in violation of those rights, you should get the assistance of an experienced prison injury lawyer to hold those who injured you accountable.
At the Law Office of David S. Leigh, P.C., we are prison personal injury lawyers dedicated to the rights of all, including those who are currently within our criminal justice system. If you have been abused or sustained injuries while in the system, you have the right to experienced legal counsel call now for a free consultation: (212) 843-0907
The Eighth Amendment restrains the ability of government and law enforcement to cause harm to someone, whether that harm is physical or financial in nature. But the phrase “cruel and unusual punishment” has been subject to interpretation throughout its time in effect.
While physical injury will often fall under most interpretations, there is also the matter of inaction through “deliberate indifference.” This is when those who are in charge fail to provide reasonable care to someone who is in custody if it results in harm to that individual. In matters of deliberate indifference, the following conditions must be met:
Many actions by law enforcement and correction staff can be considered a violation of the Eighth Amendment to the U.S. Constitution. When these happen, a prisoner may have the right to hold those who have perpetrated the violation accountable for their actions. These can include:
Correctional staff in prisons and jails have a legal duty to protect and care for an inmate’s safety and physical and psychological health. When this is violated and it results in injuries or harm to the inmate, their rights have been violated and they may be able to pursue a civil lawsuit to hold those responsible accountable for their actions.
At the Law Office of David S. Leigh, P.C., our team of New York prison injury lawyers protect the rights of all, regardless of whether they are free citizens or are incarcerated for a crime. If you have been injured by a correctional officer, prison or jail staff, we will fight for your civil rights and your rights to compensation for your injuries. From police brutality to other unfair conditions in the criminal justice system, if you have been harmed, you deserve someone who will fight for your legal rights. Contact us for a no-cost consultation.