What Are the Legal Rights of Prisoners in Pennsylvania?
If you have been incarcerated in a Pennsylvania jail or prison, you do not have your full constitutional rights. However, that does not mean you are entirely without legal rights. The United States Supreme Court has stated that the walls of a prison do not form a barrier separating inmates from the protections of the U.S. Constitution.
Under the Eighth Amendment of the U.S. Constitution, corrections officers are not allowed to use excessive force against inmates or use force with malicious intent to harm an inmate. Additionally, correctional officers are expected to help protect inmates from the risk of assault or bodily injury.
Prisoners also have the right to free speech afforded to them by the First Amendment and the right to exercise their religious beliefs. These rights are extended to prisoners so long as these practices do not directly interfere with their incarceration.
The 14th Amendment also affords prisoners another source of legal protection. The equal protection clause of the 14th Amendment defends prisoners from discrimination based on their race, sex, national origin, ethnicity, or religion. Unlawful discrimination may occur when prisoners are denied certain privileges or services or treated unfairly on the basis of one of their protected personal attributes, such as race or religion.
Prisoner rights in Philadelphia, Pennsylvania, include the following:
- Accessibility and availability of medical treatment for various conditions
- Adequately comfortable living conditions and temperatures with sufficient ventilation and lighting
- Freedom from arbitrary punishments
- Freedom from cruel and unusual punishment
- Freedom from discrimination based on race, ethnicity, gender, religion, or national origin
- Freedom of religion
- Freedom of personal expression and communication
- Provisions for adequate nutrition and personal hygiene
What Are Common Causes for Injuries in PA Prisons?
Prisons and jails, like any building, may have potentially dangerous conditions or hazards that put people in jeopardy of personal injury. Electrocutions, slip-and-fall accidents, burns, and other incidents have all been known to cause injuries in Pennsylvania’s jails and prisons. But there are certain causes for injuries that are unique to the prison setting, ones that give rise to civil rights violations and questions about prisoner mistreatment.
Abuse in prison and jail by corrections officers or guards may come in many forms, including physical abuse, psychological abuse, sexual abuse, torture, harassment, rape, and murder. The Department of Corrections (DOC) establishes that it is their goal to protect inmates from abuse, injury, or unusual punishment during their time of incarceration. Under DOC guidelines, prison officers and guards may be considered abusive if they use excessive force on an inmate, do an unwarranted life-threatening act against an inmate, or threaten to inflict physical pain on an inmate.
Fellow inmates may also be held responsible for assaulting, injuring, or mistreating those in the Pennsylvania prison system. Guards and corrections officers are expected to protect those in the PA prison system from attacks and sexual assaults committed by other inmates. Failure to respond to concerns about assaults or harassment could be considered neglect.
What is Considered Neglect or Mistreatment in a Jail or Prison Setting?
Individuals do not lose their right to proper and lawful treatment just because they have been incarcerated or placed in the custody of law enforcement personnel. Those behind bars should not be subjected to neglect, abuse, or cruel and unusual punishment.
Examples of jail mistreatment and prison neglect include the following:
- Choking
- Demeaning references to an inmate’s gender, sexuality, or body
- Electrical shocks from Tasers or other devices
- Excessive and prolonged isolation
- Exhibitionism or voyeurism
- Failing to intervene when inmates assault another inmate
- Failing to respond to inmates who suffer from suicidal ideation
- Failure to address dangerous or unhealthy living conditions
- Failure to provide medication
- Forcing inmates to work despite injuries or health problems
- Ignoring occurrences of sexual assault committed by fellow inmates
- Illegal strip-searching
- Neglecting inmates who suffer from mental disorders and mental illness
- Permitted verbal abuse and humiliation
- Physical abuse committed either by facility staff or fellow inmates
- Prolonged physical restraint
- Recurrent and exhaustive inspections
- Refusal to provide adequate medical attention
- Sexual assault, including rape committed by corrections facility staff
- Sexual harassment
- Singling out an inmate for unique punishment
- Sleep deprivation
- Spraying with tear gas or other chemicals
- Torture
- Use of excessive force
- Withholding food and water
Is Prison and Jail Abuse a Common Concern?
Despite laws and regulations in place meant to curb instances of neglect or abuse in the prison system, physical, sexual, and psychological abuse are still fairly prevalent in Pennsylvania jails and prisons. In some cases, corrections officers may turn a blind eye to prisoners being abused. In other cases, it is the officers themselves who are guilty of prison abuse or neglect.
If you or a loved one have experienced assault, inhumane conditions, a lack of health care, discrimination, excessive force, or a civil rights violation, you must seek legal recourse with the help of an experienced and knowledgeable prisoner rights attorney. Our law firm is dedicated to protecting and defending the legal rights of prisoners who have been injured or mistreated during their time of incarceration. To learn more about our legal services, please contact our law firm for a free, confidential consultation today.
What Are the Rules for Prison Litigation?
The Prison Litigation Reform Act (PLRA) establishes the rules for filing a legal claim in prison. Before filing a lawsuit, you must file an internal complaint and exhaust administrative remedies first. If your legal issue still has not been resolved, you have the option to pay the court fees necessary to file a lawsuit in federal court.
In Pennsylvania, you cannot file a lawsuit for mental anguish or emotional distress unless you have an associated physical injury. Additionally, you must remember that your lawsuit must be legitimate.
Filing a lawsuit could jeopardize rewards for good behavior and present challenges or the potential for mistreatment. You should not walk down this road alone. Contact our law firm if you believe that your rights have been violated or that you have been intentionally abused or mistreated. Our attorneys will look out for your legal rights in pursuit of the optimal outcome of your case.
Can You Seek Recourse for a Personal Injury or a Civil Rights Violation?
Victims of neglect, abuse, and injuries in the prison system have the right to seek justice and financial recovery for the harm and mistreatment they have endured.
It may be possible to recover compensation if your civil rights have been violated during your time of incarceration. With a strong case, you and your lawyers may be able to recover financial compensation for some of the following:
- Past, present, and future medical expenses
- Future lost income earning capacity
- Attorney’s fees
- Pain and suffering
- Embarrassment and humiliation
- Denial of civil rights
- Punitive damages
It is highly recommended that you retain professional legal counsel from attorneys with the knowledge and experience representing prisoner rights in injury cases.
Contact Our Law Firm for a Free Consultation with Our Experienced Attorneys
If you or a loved one have been injured in jail or prison, it is crucial to seek professional legal guidance from experienced attorneys. Our legal team is passionate about defending prisoner rights, including the rights of prisoners who have been injured during incarceration. We would be proud to represent your rights in pursuit of a fair outcome to your case.
To learn more about how we can lend legal assistance to you during this difficult time, please contact our law offices to schedule your free case evaluation today. You may reach us at 215-398-7066.