As an Inmate Can You Sue a Prison for Negligence?

Although inmates lose some of their civil rights once incarcerated, they still are entitled to certain fundamental human rights such as the right to life and good medical care irrespective of any status such as gender or age. However, when someone has been incarcerated, some of these rights could be violated in different ways by correctional officers, fellow inmates, or the prison administration, thereby causing injury in the form of pain, suffering, or monetary loss. When these damages occur, an inmate can file for compensation.

What Rights do Prisoners Enjoy While in Jail?

While incarcerated, an inmate enjoys the following rights:

Humane facilities and conditions
Freedom from sexual crimes
Freedom from racial segregation
The right to complain about their conditions
The right to equal and fair treatment under the Americans with Disabilities Act
Adequate medical care and attention
Appropriate mental health care
The opportunity to be heard if one is supposed to be moved to a mental health facility

An inmate can sue for negligence if any of their above rights are violated either by the prison employees, fellow inmates, or even the prison itself at the time they are incarcerated.

What Injuries Can an Inmate Sue for While in Jail?

Prison officials must safeguard the prisoners’ rights while under their authority against fellow inmates, prison employees, or even prison administration. At times, prisoners may suffer injuries while in prison, which are sufficient for them to file a lawsuit citing negligence. The inmate can file a lawsuit in person, or like in the case of a death, a member of their family, a non-governmental organization, or a loved one can sue individual corrections officers or the prison administration for injuries on behalf of the deceased inmate. Common injuries that may occur in the prison include:

Assault by a fellow inmate

The prison administration should protect inmates against dangers such as attacks by fellow inmates in physical injuries or sex-related crimes.

Death

An inmate can suffer death that could have been prevented, e.g., suicide or murder by fellow inmates.

Inadequate medical care

As a result of incompetent medical personnel or defective medical equipment, inmates may suffer injuries. Also, improper monitoring of chronic illnesses such as diabetes, cancer, and epilepsy will likely lead to inmate injury.

Transport vehicle injury

Accidents may occur during transportation or movement from one jail to another. If an accident occurs, then the injured prisoner can sue for damages suffered.

Slip and falls

An inmate may slip and fall on a wet floor or due to being chained, resulting in bodily injuries.

Insecure conditions

These are conditions such as overcrowding that leads to violence, lack of consideration to age factor, sex (transgender), or unqualified staff.

Unhealthy living conditions

Unsafe living conditions that threaten your health, such as overcrowding, unclean water, and dirty kitchen, may lead to health complications.

Federal Laws Relating to Prison Injury Claims

The jail or prison officials must protect the safety and well-being of the inmates under their custody. When the officials do not fulfill these duties, an inmate has a right to file a lawsuit and pursue compensation for the act of violation they have suffered.

In filing a legal complaint, an inmate may base their complaint on any rules and laws that protect their well-being. Some of the rules and regulations are:

The Prison Litigation Reform Act (PLRA)

The Prisoner Litigation Reform Act (PLRA) was established in 1996. The main reason behind the enactment of this legislation was to reduce the high number of lawsuits filed by inmates against jails and jail staff. The PLRA applies to all prisons, federal and county jails and requires an aggrieved inmate file to exhaust the jail complaint framework before moving to the court.

Each prison has a mechanism for handling complaints by the prisoners. The correctional facility establishes a procedure that can resolve inmate grievances. The inmate must then, if aggrieved, follow this channel. If the inmate is confident that the complaint cannot be solved through the laid down procedure, they need to show that the procedure cannot fix their problem before filing a lawsuit.

Correctional Center Employees’ Qualified Immunity

Under this provision, filing lawsuits against prison guards is also determined by the immunity they enjoy. Unlike employees in privately-run prisons, employees in state and federal prisons are protected from damages for civil liabilities, provided they do not violate a prisoner’s constitutional or statutory rights that are established.

Inmates may intentionally want to get guards into trouble e.g. by provocation. However, to ensure that the correctional guards are not intimidated by the inmates who may suffer injuries, the government has established the provision of qualified immunity for the guards. So, when filing a lawsuit, the aggrieved inmate has to prove that the conduct of the corrections officer was established. For example, if there was a violent uprising in prison and an inmate got injured while running, the jail or the correctional officers would be immune to a lawsuit arising from such injury.

The Eighth Amendment to the Constitution

The Eighth Amendment to the Constitution of the US protects inmates against cruel and unusual punishment. The amendment primarily protects the well-being of inmates, such as protection against All forms of sexual assault, physical harm, use of excessive force, overcrowding, unsafe conditions, lack of adequate medical attention, and good medical care. Unlike other provisions, this amendment is applicable in all correctional facilities. It can thus be invoked any time a violation happens to an inmate.

Section 1083 of the Civil Rights Act

Inmates in state and county jails can pursue complaints of negligence under Section 1083 of the Civil Rights Act. However, their chances of success for compensation are a little lower than those of federal inmates since most states have immunity from inmates’ lawsuits. Also, each state has its own tort claims procedures. State and county jail prisoners can file their complaints under Section 1083 of the Civil Rights Act to the extent their injuries are related to violations of their civil rights.

The Federal Tort Claims Act (FTCA)

Since inmates are not private citizens, they cannot file their claims directly with an insurance company. They are instead allowed to file lawsuits using the federal tort procedure. Although correctional facility employees are protected through qualified immunity, if an inmate feels aggrieved and is confident that it is a case of negligence, they can sue the facility or the individual officer within two years from the date of the injury.

The process of filing a lawsuit begins with the inmate filling out a Standard Form 95, which serves as a notice of the intent to seek compensation from the government. Once the Department of Justice (DOJ) receives the notice, it must respond to the claim by acceptance or denial. If accepted, the inmate is paid for the damages caused. If denied, an inmate can, within six months from the date the claim is denied, hire an attorney and file a lawsuit.

The Federal Tort Claims Act is available to inmates of federal prisons only.

Americans with Disabilities Act

An inmate may file a lawsuit based on the Americans with Disabilities Act (ADA). Under the act, inmates must be treated equally, such as equal access to prison facilities. No inmate should be discriminated against in terms of their ability or disability. However, you don’t expect to find the same treatment in the prison as you would outside.

Prison Rape Elimination Act

Congress passed this act in 2003. It offers support in instances where an inmate has suffered rape or other sexual related abuse.

Although PREA does not directly assist inmates who have undergone rape and other sexual abuse violations, it plays an essential role in gathering information, recommendations, resources, and funding then availing it to relevant authorities. The information is then analyzed. The analyses assist the authorities in providing inmates protection against rape and sexual related abuse while in prison.

How Can an Inmate Prove a Prison Injury Claim?

Due to the limitations placed upon an inmate’s civil rights, damages are also limited. In most cases, damages are for pain, suffering, future medical expenses, and sometimes lost wages.

As much as an inmate may suffer injuries while in prison, they must file a strong case and prove it for the lawsuit to be successful. To win a lawsuit, an inmate must prove to the court, with adequate evidence, without which the case is bound to fail, that:

The prison failed in its obligation.
The prison was aware or should have known the threat posed to the inmate.
Failure in the prison’s obligation, the inmate, suffered injuries or losses that can be verified.

Sources of Evidence

This could be the greatest obstacle to getting justice. An inmate faces many challenges in gathering evidence in prison. The inmate must be a little wiser and creative to gather enough proof since it also calls for the prison’s rules and regulations.

Witnesses or witness statements

Witnesses or witness statements can be crucial evidence. If a fellow inmate witnessed the injury caused or was aware of the danger posed to you, they can write a statement to back up your claim. For example, if the inmate saw a confrontation and alerted the administration, they can give you such testimony.

Photos, images, and video footage

Some of the evidence you can adduce in a court is video footage. With the help of an attorney, you can obtain video footage from the prison administration. Most, if not all jails, have CCTV surveillance that captures almost every happening within the prison.

Photos of the jail conditions offer compelling evidence. Also, if some other prison employee captured a moment in which you were being victimized and provided you with the footage or images showing the negligence, this would be compelling evidence.

Medical Care Records

If you are injured and are treated within the facility by the facility medical personnel or are taken to another facility for medical attention, you need to keep the records if you think there is a case of neglect by the administration. Such documents, when produced before the court, provide a solid basis for your claims.

Written notifications to authorities

If you have written requests to the administration, such as a request for a transfer and was declined or ignored, you can produce it as evidence. Commonly known as ‘kite’ within the prison, they offer strong evidence that the administration was aware of the situation and could have prevented any danger.

Conclusion

Prisoners do not lose all their rights once incarcerated. There are many laws that guarantee their civil rights. When these rights are violated, prisoners have a right to sue individual correctional officers or the prison facility. Prisoners need to be aware of this right to sue and know what is required to win claims when violations of their rights occur while in prison.