Prison Abuse

Published on: January 3, 2024

U.S. Supreme Court determined when a prison official may be held liable under the Eighth Amendment’s “deliberate indifference” standard. Farmer v. Brennan, 511 U.S. 825 (1994)

by Stephen Bilkis

Despite widespread misconceptions, prisoners do have rights protected under the Constitution, particularly under the Eighth Amendment, which prohibits cruel and unusual punishment. This includes the right to be free from conditions that pose a substantial risk of harm, access to necessary medical care, and protection from violence by other inmates or prison staff. Additionally, the Fourteenth Amendment ensures due process of law for prisoners, guaranteeing fair treatment in disciplinary proceedings and access to legal remedies.

However, some individuals may overlook or dismiss prisoners’ rights due to societal stigmas or misconceptions about the criminal justice system. They may view incarceration as a form of punishment that justifies depriving inmates of their rights. Yet, recognizing prisoners’ rights is crucial not only for upholding constitutional principles but also for promoting rehabilitation, maintaining order within prisons, and ensuring accountability for prison authorities.

Background facts

Published on: January 1, 2024

In a case alleging abuse of inmate rights, the court had to determine whether the plaintiff filed his claim too late. Devane v. Doe, 20-CV-9649 (NSR) (S.D.N.Y. Mar. 6, 2023)

by Stephen Bilkis

Even when people are incarcerated, they retain rights. Under the Eighth and Fourteenth Amendments of the U.S. Constitution, prisoners in New York, as in other states, are entitled to certain rights aimed at protecting them from cruel and unusual punishment and ensuring due process of law.

The Eighth Amendment prohibits the imposition of cruel and unusual punishment, which encompasses actions by prison officials or conditions within correctional facilities that result in unnecessary suffering or harm to inmates. This includes physical abuse, excessive use of force, deliberate indifference to serious medical needs, and unsafe or unsanitary living conditions. Prisoners have the right to be free from conditions that pose a substantial risk of serious harm to their health or safety.

The Fourteenth Amendment extends additional protections to prisoners by guaranteeing due process of law. This means that inmates have the right to fair and impartial treatment in disciplinary proceedings, access to adequate medical care, protection from retaliation for exercising their constitutional rights, and the opportunity to challenge their confinement through legal procedures.

Published on: December 13, 2023

Inmate failed to prove excessive force by corrections officers. Bookman v. State, # 2016-015-617 (N.Y. Ct. Cl. Oct. 17, 2016)

by Stephen Bilkis

Inmates are protected from the use of excessive force by various laws and regulations at both the federal and state levels. One significant federal statute is the Eighth Amendment to the United States Constitution, which prohibits cruel and unusual punishment, including the use of excessive force by correctional officers. This amendment serves as a fundamental safeguard for inmates’ rights and establishes a baseline standard for the treatment of prisoners.

Additionally, many states have enacted laws and regulations specifically addressing the use of force in correctional facilities. For example, in New York, the Correction Law and the New York Codes, Rules, and Regulations (NYCRR) provide guidelines for the use of force by correctional officers. These laws outline the circumstances under which force may be justified, such as self-defense or maintaining order, and emphasize the importance of using only the minimum amount of force necessary to achieve a legitimate objective.

Furthermore, court decisions, such as those interpreting the Eighth Amendment, help to clarify the legal standards surrounding the use of force in prisons and ensure that inmates are afforded adequate protection against abuse. Bookman v. State is one of those cases.

Published on: December 4, 2023

Court determined that inmate was not subjected to inhumane conditions at the Anna M. Kross Center Correctional Facility, Rodriguez v. the City of N.Y., 87 A.D.3d 867 (N.Y. App. Div. 2011)

by Stephen Bilkis

In the case of Albert Rodriguez v. The City of New York et al., the plaintiff alleged that he slipped and fell on a wet floor at the Anna M. Kross Center correctional facility on Rikers Island, where he was incarcerated. He claimed that the dangerous condition was caused by the defendants’ failure to repair leaks in the facility and that they were deliberately indifferent to the conditions that posed a risk to his safety. The complaint also asserted that defendants failed to provide immediate medical attention after the accident, violating Rodriguez’s civil rights under the Eighth and Fourteenth Amendments.

Background Facts

Albert Rodriguez was incarcerated on Rikers Island when he slipped and fell on a wet floor. The conditions leading to his fall were allegedly caused by leaks in the facility’s roof, ceiling, and pipes, which had not been repaired by the defendants. Despite being aware of these leaks, Rodriguez claimed that Valerie Oliver, the Warden of the Center, failed to address them adequately. Rodriguez asserted that the defendants’ indifference to these hazardous conditions resulted in his accident.