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Correctional Officerer Assault and Battery Against Prisoners / Inmates


PERSONAL INJURY LAWYERS

Correctional Officer Assault and Battery Against Prisoners / Inmates

Correction officers in prisons are supposed to ensure that things run smoothly and that prisoners are safe – they are not supposed to engage in fights or attack them. Unfortunately, officer violence against prisoners is very common in California prisons. These attacks can leave inmate seriously injured.

If you or a loved one were a victim of violence at the hands of a correction officer in a prison, it is important that you seek legal assistance as soon as possible. You could have the right to sue. For more information about the legal options available to you and your family, contact the team here at our law firm immediately.

Here at the Downtown L.A. Law Group, our team has decades of experience handling all sorts of cases. Our lawyers are experienced in inmate injury cases involving correction officers. Our team is skilled in inmate rights and is ready to provide you with the representation that you need. If you are ready to explore the legal options available to you, contact us today. Our team can help you every step of the way!

The Prisons in California

California has a total of 34 prisons that are owned and operated by the California Department of Corrections and Rehabilitation (CDCR). The prisons are listed below:

  • Avenal State Prison
  • California City Correctional Facility
  • California Correctional Center
  • California Correctional Institution
  • California Health Care Facility
  • California Institution for Men
  • California Institution for Women
  • California Medical Facility
  • California Men’s Colony
  • California Rehabilitation Center
  • California State Prison, Centinela
  • California State Prison, Corcoran
  • California State Prison, Los Angeles County
  • California State Prison, Sacramento
  • California State Prison, Solano
  • California Substance Abuse Treatment Facility and State Prison, Corcoran
  • Calipatria State Prison
  • Central California Women’s Facility
  • Chuckawalla Valley State Prison
  • Correctional Training Facility
  • Folson State Prison
  • High Desert State Prison
  • Ironwood State Prison
  • Kern Valley State Prison
  • Mule Creek State Prison
  • North Kern State Prison
  • Pelican Bay State Prison
  • Pleasant Valley State Prison
  • Richard J. Donovan Correctional Facility
  • Salinas Valley State Prison
  • San Quentin State Prison
  • Sierra Conservation Center
  • Valley State Prison
  • Wasco State Prison

If you or a loved one was injured at the hands of a correction officer at any of the prisons listed above, you could have the right to sue the state. Below, we will discuss your right to sue after being harmed at the hands of an officer at a prison.

Examples of Officer-Involved Incidents That Cause Inmate Injuries

Without a doubt, correction officers are expected to use some degree of force when dealing with inmates that are aggressive or that pose a threat. However, officers sometimes go too far and end up seriously hurting inmates. Some examples are listed below:

  • Fighting with inmates – instead of just restraining inmates, they engage in a full-blown fight with the inmate.
  • Using excessive force – they use more force than what is necessary in the situation with the inmate.
  • Excessive use of weapons (like batons, tasers, and firearms) – they immediately resort to weapons before trying to deescalate situations in other ways.
  • Sexual assault (including rape) – they abuse their position of power and sexually assault inmates.
  • Helping inmates assault other inmates – they facilitate assaults between inmates.

Of course, this could all result in injuries to inmates. Inmates can suffer countless injuries, including but not limited to head injuries, traumatic brain injuries, facial injuries, broken nose, broken teeth, eye injuries, neck injuries, back injuries, fractured ribs, broken bones, impaling injuries, stabbing injuries, crushing injuries, injuries to genitals, injuries to reproductive organs, sexually transmitted infections, etc.

If you or a loved one was harmed by a correction officer or prison guard at a California prison, it is important that you seek legal assistance as soon as possible. You could certainly have the right to file a lawsuit for the harm suffered. For more information about your legal options, contact us today.

Assault by Prison Guards or Correction Officers is a Violation of Civil Rights

Yes – even in prison, everyone has rights. Under the eighth amendment of the U.S. Constitution, prisoners have protections against cruel and unusual punishment; this extends to assault at the hands of prison guards and correction officers. What does this mean? This means that if you or a loved one were assaulted or attacked by a prison officer, there was a civil rights violation. That is, the officer violated your civil rights by using excessive force, tackling you, beating you, or failing to intervene when another inmate was beating you, etc. Of course, harsh conditions are expected in prisons; still, these conditions must not violate the basic civil rights of the inmates.

Can I Sue for Prison Guard Assault?

Yes – you can sue if you or a loved one was physically attacked (or sexually abused) by a correction officer at a prison. As mentioned above, assault at the hands of a prison officer is considered cruel and unusual and is a violation of the eighth amendment. Because of this, you can file a lawsuit against the state. For more information about your right to sue, contact the team here at our law firm as soon as possible.

Can I File a Wrongful Death Claim due to Prison Guard Assault?

Yes – if a member of your family lost his or her life as a direct result of injuries that occurred at the hands of a prison guard or correction officer, you could file a wrongful death claim against the state. For more information on this matter, contact our inmate injury lawyers immediately.

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How Long Do I Have to File a Claim?

All claims are subject to a statute of limitations or a deadline to file. For incidents that occur in state-run prisons, claimants must file government claims. These claims are subject to strict six-month deadlines with very few exceptions. Depending on the response to the government claim, claimants can either have six months or two years to file their claim. If claimants fail to file their claims on time, they can lose their right to sue entirely. Because of that, it is essential that anyone considering filing a claim for an incident that occurred in a prison to seek legal assistance as soon as possible and file on time.


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