Many people associate prisons with poor conditions and violence left and right. Although prisons are supposed to be kept in good conditions to ensure the safety of all inmates, the truth is that prison owners/operators, directors, and staff often ignore the issues within the walls of their prisons. More specifically, they ignore inmate-on-inmate violence.
Inmate-on-inmate violence is a serious issue. Inmates can face sexual assault, assault and battery, and even assault with weapons in prison. Without a doubt, these incidents can leave inmates seriously injured. What is worse is that these incidents are often recurring because the prisons fail to respond appropriately to these incidents.
In fact, prisons failing to address inmate-on-inmate violence is a civil rights violation, and affected inmates and their families could have the right to file lawsuits. For more information about the legal options available to you if you or a loved one was injured by another inmate in prison but the prison repeatedly failed to take any action, contact us today.
Here at the Downtown L.A. Law Group, our lawyers have many years of experience handling different types of claims, including claims stemming from incidents and civil rights violations at California prisons. Our lawyers are knowledgeable on inmate rights and are more than ready to provide you and your family with the guidance necessary to pursue a claim and win. Contact us today and request to speak with our inmate on inmate injury attorneys if you are interested in exploring the legal options available to you.
Failing to Prevent and Address Inmate-on-Inmate Violence is a Violation of Civil Rights
Many believe that people lose their rights as soon as they commit a crime and end up in prison. While inmates/prisoners certainly do lose some rights, they do not lose all their rights. They still have rights both on the federal and state level. Let’s focus on federal level and our constitutional rights under the U.S. Constitution. Under the eighth amendment, specifically, prisoners are protected against “cruel and unusual punishment.” These protections extend to humane living conditions, sufficient medical care, and protection from violence by other inmates in the prison.
In other words, under the eighth amendment, prisoners have the right to protection from violence at the hands of other inmates in the prison. What does this mean? When prisons fail to protect their inmates, they are violating their civil rights under the U.S. Constitution; therefore, injured inmates and their families could have the right to sue the prison and the state.
What Can Prisons Do to Prevent and Address Inmate Violence against Other Inmates?
This is a very important question. Prisons can do many things to both prevent and address inmate violence against other inmates. For instance, they can implement programs to help inmates with anger issues that ultimately lead to violence; these can include anger management classes and even group/individual therapy programs. In addition, they can keep inmates that have been violent against other inmates in the past separate from other inmates. Likewise, they can keep inmates that have been victimized by other inmates in the past separate. In addition, they can ensure that that their staff is constantly supervising prisoners and that they are properly trained to identify risk factors and address incidents involving inmates. Unfortunately, the most California prisons are overcrowded, so many issues often go unnoticed or even disregarded completely.
Can I Sue for Inmate-on-Inmate Violence at a Prison?
Yes – you could certainly have the right to sue if you or a loved one was the victim of inmate-on-inmate violence at a California prison. As discussed above, protection from violence by other inmates is included under the eighth amendment as part of the protections against cruel and unusual punishment. So, yes – you can sue for a violation of these rights. For more information about your rights to sue, contact the experts here at our law firm as soon as possible.
How Long Do I Have to File My Claim?
All claims are subject to a deadline – or a statute of limitations. Claims for injuries or civil rights violations in prison, however, are government claims, which are subject to a strict six-month statute of limitations. Further, based on how the entity responds to the claim, claimants can either have six months or two years to file their claims. We understand that this can be very confusing; therefore, we urge all those looking to pursue a claim for harm resulting from incidents at a prison to seek legal assistance as soon as possible. Our lawyers can help you file your claim on time.
The Prisons in the State of California
The following prisons are owned and operated by the California Department of Corrections and Rehabilitation:
- 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 suffered harm in an inmate-on-inmate violence incident at any of the California prisons listed above, it is important that you seek legal assistance as soon as possible. Inmate-on-inmate violence is a civil rights violation under the eighth amendment, and you could file a civil rights case against the prison and the state. Do not hesitate to contact us today.
Contact Our Law Firm Today – Downtown L.A. Law Group is Ready to Help
If you or a loved one was injured by another inmate in prison, you could have grounds to file a lawsuit and even recover compensation. If you are interested in exploring your right to sue, contact the experts here at our law firm immediately. Our team here at the Downtown L.A. Law Group has decades of experience handling all types of claims, always remaining committed to fighting for the rights of our clients and getting them the highest recovery available. If you are ready to speak with our lawyers, contact us today.
To ensure that all affected parties can access our legal services, we offer legal services completely free of charge. These include free consultations and free second opinions. Whether you are looking to begin your claim or continue it after starting it with another team, our lawyers can help you. Our experts will be available to answer all your questions and address all your concerns to ensure that you have access to all the information that you need to either begin or continue your claim. If you are ready to speak with our lawyers, contact us today.
Our Zero-Fee guarantee ensures that our clients will never be required to pay any upfront legal fees for our legal services. In other words, you will not have to pay anything to be able to speak with our lawyers about your case. We also work on contingency; therefore, our clients will actually not be responsible for paying legal fees unless they win their claims. If you do not win, you will not be responsible for paying anything at all.
If you are ready to speak with our lawyers with experience in inmate on inmate violence and injuries in prisons, contact us today. Our team is ready to help you every step of the way.