Were you or a loved one raped while in prison? Did the rape occur at the hands of another inmate or a prison officer? Victims of prison sexual abuse could have the right to file a lawsuit and recover compensation. For more information about the legal options available to you, we recommend that you seek legal assistance with the experts here at our law firm as soon as possible. Our legal team is more than ready to provide you with the guidance that you need to better understand the legal options available to you and start the legal process.
Here at the Downtown L.A. Law Group, our legal team has decades of experience handling both personal injury claims and civil rights claims. We believe in providing the best representation possible to all those looking for legal help – including those who were harmed in prisons. Our legal team is more than ready to represent your claim and provide you with the guidance that you need to sue for the harm suffered in a prison.
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The Prisons in California
The California Department of Corrections and Rehabilitation operates the following prisons in the state:
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
Inmate sexual abuse can happen at any of these California prisons. If you or a loved one suffered sexual abuse at a California prison, it is essential that you seek legal assistance as soon as possible. You could have grounds to file a prison rape lawsuit/
Prisoner Protections based on the Eighth Amendment
The U.S. Constitution outlines the rights of Americans – including prisoners. The eighth amendment, specifically, protects prisoners from “cruel and unusual punishment.” What is cruel and unusual punishment? In general, cruel and unusual punishment includes torture, punishment that is deliberately degrading, and punishment that is too severe for the crime that was committed. However, the protections set out by the eighth amendment extend to ensure that prisoners have humane living conditions, access to sufficient medical care, protection from violence by other prisoners, and protection from violence by prison guards/staff.
What does this mean? What does the eighth amendment have to do with prison rape? Rape and other sexual abuse falls under the category of violence by other prisoners and prison guards/staff. Therefore, if the prison is failing to keep prisoners safe – whether they are failing to supervise inmates, failing to separate inmates at the first sign of violence or aggression, failing to supervise officer/inmate interactions, failing to ensure that prison officers or staff are never left alone with inmates, failing to subject their staff to background checks, etc. – they are violating the eighth amendment and prisoners’ civil rights.
Even though the eighth amendment does not have specific language about sexual abuse and rape, protection against cruel and unusual punishment extends to sexual abuse, in general. Therefore, in addition to being able to sue for the injuries resulting from sexual abuse and rape, victims could also sue for civil rights violations.
Can I Sue for the Sexual Abuse Suffered in a California Prison?
Yes – you could sue for the sexual abuse suffered in a California prison. Whether you suffered rape or another form of sexual abuse, you could certainly have the right to sue. As mentioned above, prisoner sexual abuse at the hands of other prisoners as well as prison staff is a civil rights violation, so victims could sue for that. However, victims could also file personal injury lawsuits for the harm that they suffered. For more information about your right to file a lawsuit for the sex abuse suffered in a California prison, contact the experts here at our law firm today.
Filing a Government Claim for Prisoner Sex Abuse at a California Prison
As briefly mentioned above, the California Department of Corrections and Rehabilitation operates over thirty prisons in California. Because this is a state entity, claimants must file government claims if they suffered sexual abuse. Government claims are, unfortunately, subject to a very short statute of limitations or deadline to sue. More specifically, claimants have only six months to file their government claims. Depending on the specific response of the state entity (if they respond at all), claimants can have either six months or two years to file.
Failing to file a claim could result in losing the right to sue entirely; therefore, we recommend that you seek legal assistance with the experts here at our law firm as soon as possible. Our team is more than ready to provide you with the guidance that you need to pursue your claim.
Contact Downtown L.A. Law Group Today
If you are looking for a prison sexual abuse lawyer after being raped in a prison, contact us today. Our legal team can help you pursue a raped in prison lawsuit against the state. For more information about the legal options available to you, we recommend that you discuss your legal options with our legal team. Here at the Downtown L.A. Law Group, our inmate rights attorneys are ready to evaluate your claim and provide you with the representation that you need to pursue your claim and recover the compensation that you are owed. With the help our lawyers, you could potentially be awarded compensation for medical costs, pain and suffering, punitive damages, legal fees, and more.
Here at our firm, we offer free legal services, which include free consultations and free second opinions. During these free legal services, our team will be available to answer all your questions and address all your concerns, ensuring that you have access to all the information that you need to begin or continue your claim. To benefit from these free legal services, contact our experts today.
Our Zero-Fee guarantee ensures that our clients will never be required to pay any upfront legal costs. In addition, we work on contingency; therefore, our clients will not be required to pay absolutely anything until winning their claims. If you do not win, you will not be responsible for paying anything at all.
Contact our prison sex abuse lawyers today for more information about your right to sue.
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Call (855) 339-8879
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