New York Civil Rights And Criminal Defense Lawyers

Prisoner rights and taking action after they are violated

On Behalf of | Tuesday Jul 21, 2020 | Prisoner's Rights

Individuals in New York and states across the nation are focused on their rights now more than ever. This goes beyond the basic rights of every citizen but also the issues that plague vulnerable populations. Whether this is minorities, women or the disabled, being mistreated and being denied certain rights is against the law. In these matters, individuals could take action for a civil rights violation.

When it comes to these types of violations, many think of the citizens within the community. However, these rights still extend to those not immersed in society. In other words, rights are afforded to prisoners incarcerated in jail or prison.

To begin, the Eighth Amendment of the U.S. Constitution prohibits cruel and unusual punishments. This means that the conditions a detainee or prisoner experience cannot be inhumane.

In addition to prisoners being free from cruel and unusual punishments, they are also afforded certain rights throughout their detainment. This includes the freedom from sexual harassment and other sexual crimes, the ability for disabled prisoners to assert their rights under the Americans with Disability Act, the rights to receive adequate medical care, which includes mental health care, the freedom from racial segregation except in situation deemed necessary to maintain security in the prison and the freedom from intention deprivation of personal property.

Furthermore, other prisoner rights include their rights to practice religion, to voice their concerns about the prison conditions, access to the courts to issue complaints and other aspect of free speech designated in the First Amendment.

If a prisoner believes that their rights have been violated, it is possible to file a civil action. Taking such an action will not only address the suffering this violation has caused but could also help address larger issues occurring in the prison system.