Prisoner’s Rights

Jail and Prison Abuse Attorneys

Individuals do not lose their constitutional or civil rights simply because they are incarcerated. When a person in jail or prison is subjected to abuse, neglect, or mistreatment, they have the right to pursue legal action. At Held & Hines LLP, we represent inmates and detainees who have suffered harm due to the actions or negligence of correctional officers, jail staff, or government agencies. Our experienced attorneys are committed to holding facilities accountable and securing justice for our clients.

Civil Rights Violations Behind Bars

Incarcerated individuals are protected by both the U.S. Constitution and federal and state civil rights laws. Common types of misconduct in New York correctional facilities include:

Excessive use of force or physical abuse
Sexual assault, harassment, or rape
Verbal abuse, including racial slurs or threats
Retaliation for filing grievances
Denial or delay of medical care
Prolonged solitary confinement or excessive isolation
Inhumane conditions (extreme temperatures, overcrowding)
Failure to release an inmate on their scheduled release date

These abuses can occur in local jails, state prisons, immigration detention centers, or federal facilities. Whether the harm is caused by guards, staff, or other inmates, victims have the right to seek legal remedies.

Legal Protections for Inmates

While incarcerated, individuals retain several constitutional rights, including:

Protection against cruel and unusual punishment (Eighth Amendment or Fourteenth Amendment, depending on pre-trial or post-conviction status)
Due process of law (Fifth and Fourteenth Amendments)
Equal protection under the law (Fourteenth Amendment)
Freedom from discrimination based on race, religion, gender, nationality, or sexual orientation

Correctional officials must provide adequate medical care, safe conditions, and basic human dignity. If those rights are violated, legal action may be taken against the individuals involved, as well as the government entities responsible for oversight.

Legal Remedies: Compensation and Reform

Prison abuse cases can result in two forms of legal relief:

Monetary Damages

Compensation for pain and suffering, medical costs, and emotional trauma
Punitive damages in cases of willful misconduct

Injunctive Relief

Court orders to change prison conditions or policies
Termination or discipline of abusive staff
Reduction of overcrowding or improved access to medical care

Claims may be filed in state or federal court, depending on the facts of the case. Our attorneys will help determine the most effective legal strategy for your unique situation.

Statute of Limitations

Claims involving inmate abuse often fall under federal Section 1983 civil rights law, which generally carries a three-year statute of limitations in New York. However, if the claim involves a government agency (such as a city or county), a Notice of Claim must be filed within 90 days, and the lawsuit must be brought within one year and 90 days.

Why Choose Held & Hines LLP?

At Held & Hines LLP, we are passionate about civil rights and justice. Our legal team has extensive experience in representing victims of prison abuse, and we know how to investigate these cases thoroughly, secure critical evidence, and take on powerful institutions. Whether your case involves abuse by correctional officers, denial of medical care, or constitutional violations, we will fight relentlessly on your behalf.

Contact Us Today

If you or a loved one has suffered abuse while incarcerated in a jail or prison in New York, contact the attorneys at Held & Hines LLP today. We offer free, confidential consultations and will provide you with the guidance you need to move forward.