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Fights are a danger for inmates: Was your loved one hurt?

Imagine a fight breaks out in your loved one's prison facility. Your son, daughter, husband or wife who is serving time will face a very difficult question. Should he or she fight and try to prevent him- or herself from getting hurt, but risk getting hurt or getting charged with a prison-related crime. Or, should he or she do nothing, potentially get hurt or killed and just hope for the best?

Unfortunately, prison fights are not uncommon. And, as a recent incident in North Carolina indicates, those who get caught up in prison fights can suffer serious injuries. In this recent case that happened on a Thursday morning, two inmates began fighting. Prison officials responded, and then one of the prison officials was assaulted in the process. Fortunately, no one involved in the altercation suffered life-threatening injuries, but three people required hospital care in the incident.

What is false imprisonment?

When you think of the term “false imprisonment” in New York or anywhere else, probably the first thing that comes to your mind is misconduct by law enforcement officials. While you are right that false arrest and imprisonment are one way in which police officers can exceed their authority, it may surprise you to know that false imprisonment also can occur between and among civilians.

At its core, false imprisonment means that someone unlawfully confines you against your will. It could be a law enforcement officer, someone posing as one, a security guard or a civilian. While physical force often is part of a false imprisonment, only the threat of force is required. Additionally, false imprisonment can occur by means of physical barriers, such as a locked door, or through psychological duress, such as someone threatening to harm your family if you do not remain where you are. As long as you have a reasonable belief that you cannot leave, that is sufficient for false imprisonment.

Police brutality: You can fight back in court

Numerous instances of police brutality happen in New York and throughout the United States every day. Unfortunately, most of these incidents never get reported -- or if the victim does try to complain -- he or she may have a difficult time proving that the police brutality and mistreatment occurred.

However, in cases where a defendant suffered clear injuries as a result of unnecessary mistreatment by police, and when there were witnesses or various forms of evidence that can prove the brutality occurred, defendants may have strong financial claims that they can pursue in court.

Facts about hate crimes that everyone should know

It doesn't matter your race, religion, sex or creed. Anyone can become the victim of hate crimes. However, just because you were victimized by a hate crime does not mean that you will automatically receive justice for the harm that was done for you. In fact, the vast majority of hate crimes go completely unnoticed and they're never reported. Here are a few sobering statistics about hate crimes that everyone should know:

Approximately half, or 48 percent, of hate crime victims suffered from racially motivated crimes. These crimes might be as simple as a child being bullied at school and having his or her lunch money stolen because of the color of his or her skin. It could also be a man walking down the street who gets attacked for no other reason than being Asian, or a family's home getting set on fire because they're the only black family in an all-white neighborhood.

FAQs about malicious prosecution

Unfortunately, the criminal justice system is not always just. Sometimes criminal charges are malicious. Did the police arrest you without probable cause? Is the prosecutor filing false charges against you? If so, you may be able to file a malicious prosecution lawsuit.

An unjust criminal charge may be devastating for you if you are innocent. But what exactly does a lawsuit for malicious prosecution look like? What basis do you need to sue? Find out below.

Police misconduct under United States federal law

According to U.S. federal law, peace officers who violate the constitutional rights, privileges or immunities of U.S. residents can be held liable for the injuries that result from such violations. As such, a person who is unlawfully injured by a police officer due to the excessive or unlawful use of force may want to prove that his or her constitutional rights were violated. This would, in turn, increase the chances of the plaintiff receiving a monetary damage award.

Here are three legal issues that plaintiffs injured by police violence may want to focus on in this regard:

What are my basic rights as an inmate?

You might think that once you report to your prison sentence you lose a lot of rights. And it's true. You lose your right to freedom, your right to vote and so many other privileges, but there are vital rights that you will always retain as a prisoner. Unfortunately, many prisons in New York and other areas of the United States frequently violate these rights.

If you suspect that you've had your rights as an inmate violated, you may want to check to see if any of the following rights have been compromised. You may have the ability to file a legal action to demand better conditions and receive compensation for the difficulties you have endured. Prisoners have the right to:

  • Humane conditions and facilities.
  • Freedom from sex crimes.
  • Freedom from racial segregation.
  • Freedom to complain about prison conditions.
  • The right to Americans with Disabilities Act accommodations.
  • Freedom from cruel and unusual punishment
  • The right to medical attention and care.
  • The right to mental health treatment.
  • The right to a hearing prior to being transferred to a mental health facility.
  • Similar rights apply to pretrial detainees, and pretrial detainees may not be treated as if they are guilty or be punished before their trial has concluded.

What to do if you witness police brutality

It is an unfortunate reality that the police often get away with exercising excessive force without facing any punishments. In one recent development, for example, a police officer beat a man excessively outside of a bar even when the man was on the ground. The officer was recently acquitted of all charges

You hope you will never become a victim of police brutality, but what happens when you witness it while walking down the street? Many people are unsure what course of action to take. They are also afraid of becoming embroiled in someone else's legal battle. If you witness this misconduct, then there are a few steps you can take. 

Personal injury law: Basic terms you should know

Personal injury plaintiffs may encounter a lot of new words and vocabulary throughout their legal proceedings. Some of this vocabulary will be rarely heard legal jargon, but other words you might be more familiar with. What follows is a listing of some vital personal injury vocabulary. If you're not familiar with the definitions of any of the following words, be sure to read it and commit it to memory as the word may become very handy to you in the future.

Here are a few common personal injury words for lawyers:

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