Prisoners also have rights. Although they are not granted full constitutional rights, they also have freedom of expression and religion.
In addition, no one may use cruel or unusual force against them, nor may they discriminate against them because of their sex, race, or religion.
The 8th Amendment to the US Constitution requires prison and jail officials to provide prisoners with adequate medical care, regardless of whether the medical care is provided by governmental employees or by private medical staff under contract with the government.
Unfortunately, medical negligence is insufficient to sue prison and jail officials for inadequate medical care.
To win on a constitutional claim of inadequate medical care, prisoners must show that jail or prison officials treated them with “deliberate indifference to serious medical needs.”
Deliberate indifference is a reckless disregard of a substantial risk of harm to the prisoner, and that’s a much higher standard than medical negligence that applies in cases brought by non-prisoners.
The deliberate indifference, or recklessness, standard requires that the official knows of and disregards an excessive risk of harm to the prisoner.
Also, the injury must be serious when looked at objectively and subjectively.
If you or a family member are a prisoner and have experienced mistreatment at the hands of anyone while in the prison system, let us know.
We believe our legal system should work properly and will fight for the rights of mistreated prisoners.