Inmate Assault and Excessive Force Lawyer Minnesota
Inmates have the right not to be assaulted or the victim of excessive force in prison or jail, either by other inmates or by correctional facility staff members. As an inmate, you may be vulnerable, and it is hard to distinguish between law enforcement and abuse.
Correction officers and prison staff are responsible for protecting the well-being and health of the inmates, regardless of their likes or dislike of a particular prisoner.
As an inmate at a prison or jail, you have the following rights with respect to abuse:
- Freedom from excessive force: officers may require to use force to preserve order, but they cannot use malicious or sadistic force.
- Protection from prison officials from assault by other inmates.
- Protection from prison officials, responsible for recognizing threats made from one inmate to another.
Inmate assault and abuse occur when prison officials or another inmate uses excessive force upon the prisoner:
- Violent assault
- Sexual assault
Abuse and Excessive Force by Jail/Prison Staff and Correctional Officers
Although correctional officers are allowed to use force in their jobs, if the situation calls for it, due to the job’s dangerous nature, this does not mean that workers are allowed to use excessive and abusive force.
Violent assault on inmates is the most common type of abuse committed by correctional officers in the U.S. It is the needless beating, hitting, kicking, or striking a prisoner. It happens when the officer excessively or unnecessarily uses a weapon upon a defenseless inmate.
These attacks can have short- or long-term consequences to the inmate, causing lacerations, broken bones, internal injuries, disfigurement, brain or spinal cord damage, mental health issues, and even death.
Assaults by Other Inmates in Jail/Prison
Unfortunately, inmate-against-inmate assaults (including sexual assaults) occur in prisons and jails across the U.S. Some cases involve inmates who target other inmates — either because of personal disputes, gang affiliations, or personal circumstances such as sexual orientation.
It is a violation of the Eighth Amendment if correctional officers knew about a risk of assault by other prisoners but failed to respond or if prison conditions or practices create an unreasonable risk of assault.
If a jail or prison staff knows about the potential of harm to an inmate and does not intervene, they violate the United States Constitution.
Although it may be difficult to successfully receive compensation and justice for abuse and excessive force cases while in prison or jail, it is not impossible when you have professional legal assistance to help and guarantee fairness and that the constitutional rights are preserved.
Assault and excessive use of force are unacceptable. If you or a family member suffered unlawful harm or treatment from a corrections officer or another inmate and the jail personnel’s failure to protect them, contact an attorney to discuss possible legal claims.
You Legal Defense
If you or your loved one has suffered assault or excessive force abuse while in jail/prison in Minnesota, contact the Law Zorislav R. Leyderman for a free consultation.
As a civil rights lawyer, Zorislav R. Leyderman has dedicated himself to protecting people who have suffered harassment, discrimination, and misconduct in their lives. Call 612-876-6626 today or email [email protected] for more information.