Prisoners Rights

In short, yes, the government can be held liable for personal injuries to a prison inmate as a result of other inmates. The Federal Tort Claims Act (“FTCA”) allows federal prisoners to sue the government for personal injuries resulting from other inmates. At the state level, several state governments have adopted some sort of variation of the FTCA in order to allow state prisoners to sue for any personal injuries as well.

The FTCA serves to bypass government immunity. Governmental immunity is what stops individuals from suing the government, and government employees and officials in many cases. An example of this would be that you may not sue the state legislature for money if they pass a law that happens to harm you. Government immunity will stop any lawsuit in which a judgment in favor of the plaintiff could control the actions of the state, or subject it to liability. Bypassing governmental immunity allows courts to apply the reasonable care standard which is common in many personal injury claims.

All prisoners in the United States have a right to safe and humane conditions, as well as treatment. Injury incidents in prison settings could include slip and fall incidents from improper facility care, as well as violent physical attacks, at the hands of staff and/or other inmates.

What Is the Reasonable Care Standard for Prisons?

Generally speaking, most courts require that prisons use the judgment of an “ordinary and prudent person” when enforcing and maintaining the safety of inmates.  It is important to note that many state statutes explain this reasonable care standard in more detail. As such, you should research your own state's statutes regarding the matter. Additionally, any violation of a prisoner's civil rights under 42 USCA § 1983 is understood as a violation of reasonable care.

Some recurring actors that appear in various states' reasonable care statutes include:

• The prison official(s) had knowledge of an anticipated danger to inmate, which is required in almost all states;
• Previous similar incidents of inmate attacks which could serve to warn prison officials;
• The prison official's relative control over attacking inmate's actions, meaning, the prison official has a duty to intervene and control an inmates actions when they are attacking another inmate;
• The location of attack (for example, the incident occurred in the inmate's cell versus common gathering areas); and/or
• The duration of attack before prison official intervention.

What Are the Steps to Take if You've Been Attacked by Another Inmate?

As previously mentioned, inmates have rights, including the right to be treated humanely. Such rights are protected by the Eighth Amendment. If you believe that your rights as an inmate have been violated in any way, whether by an officer or a fellow inmate, you file a grievance with the ACLU. Additionally, you should appeal the grievance through all available levels of appeal. It is imperative to note that there are generally strict time limits which govern when you may file a grievance. Because of this, you should file the grievance as soon as possible.

If you believe you are immediately in danger of being attacked by another inmate, you should report to a staff member that you trust. This could be a mental health worker or a teacher. You may even consult with a skilled and knowledgeable jail injury lawyer. The lawyer can help you understand your rights as an inmate, and provide you with legal advice moving forward to ensure the best outcome possible.

In order to successfully prove personal injury, you will need to prove the following elements:

• The correctional facility breached its duty of care to you in some way;
• The facility knew or should have known that the inmate could be injured; and/or
• The facility was negligent, which resulted in the inmates' injury.

Some examples of evidence which would support your claim could include:

• Photographic or video evidence;
• Witness statements;
• Previous written requests for assistance from other authorities; and
• Medical records.

Yes, in many cases the prison cannot interfere with an inmate's practice of their chosen religion. However, there are some reasons a prison can legally restrict an inmate's religious practice depending on the activity and its effect on other duties and responsibilities of running the prison.

There are two main laws pertaining to religion in prisons: the Religious Freedom Restoration Act (RFRA) for federal and the District of Columbia inmates and the Religious Land Use and Institutionalized Persons Act (RLUIPA) that relates to inmates in state and local facilities.

What are My Religious Rights?

All persons in the United States have the right to freely practice their chosen religion. This right is guaranteed by the constitution and enforced through legislation and the Courts. In prisons, the RFRA and RLUIPA govern how that right is accessed by inmates.

Both laws provide a “balancing test.” meaning the prison may not place a substantial burden on an inmate's exercise of religious beliefs unless that burden is for a very important governmental interest and the burden is the least restrictive way of supporting that interest.

Typically, an inmate can expect access to the following religious rights:

• Free practice of their religion;
• Access to appropriate religious books or texts;
• Ability to attend a religious service within the prison if one is available;
• Engage in prayer; and/or
• Recognizing one's designated Sabbath day.

The following is a list of religious activities that are not frequently available for inmates depending on the facility:

• An individualized religious diet;
• Certain grooming habits;
• Wearing religious jewelry; and/or
• Having or carrying certain religious objects.

What if I Practice a Non-Mainstream Religion?

Mainstream religions such as Christianity, Islam and Judaism have received widespread recognition as a religion and prisons routinely make accommodations for many of their well-known practices. Inmates practicing a less commonly recognized religion may face some barriers in access depending on what practices they wish to follow.

However, there is at least one case from 2005 that says that a religion need not be a mainstream faith as long as the person holds that belief sincerely. Followers of mainstream religions may have more access in prison such as having a religious leader conduct services and having recognizable sabbath days within the prison due to a large number of prisoners following that religion.

Those following less known faiths should still have access to prayer, religious texts should they exist, and the ability to practice freely.

Why Do Prisons Sometimes Deny a Religious Practice?

The most common reason a practice is denied is safety in prison. Safety includes a broad range of things and courts provide a good bit of discretion to prison officials when it comes to running the prison. Safety includes protection for other prisoners welfare as well as the guards. Safety can also refer to everyone's health.

The following are examples that have been used to hinder religious practice on the basis of safety:

• Banning religious objects that can be used as a weapon (ceremonial swords, crucifix made from sharp metal);
• Banning the use of animals (like animal sacrifice);
• Literature that incites violence;
• Certain clothing that has the ability to hide something from the guards; and/or
• Wearing an item that resembles gang colors .

Over the past several years the rate of women in prisons has dramatically increased. Statistics show that most female prisoners are incarcerated for non-violent crimes, such as drug abuse and prostitution. Often, female prisoners have a greater need for physical and mental support than male prisoners. Many female prisoners are mothers, victims of domestic abuse, or drug addicts, all of which make female prisoners very susceptible to depression and other mental illnesses. Unfortunately, the facilities housing female prisoners are often less equipped than the prisons housing males.

What Types of Civil Rights Abuses Occur in Female Prisons?

It is important to remember that all people have civil rights, and just because an individual is incarcerated does not mean they lose their basic civil rights. Civil rights abuses that occur in prisons include:

• Sexual harassment or assault of female prisoners by prison guards, employees, or officers
• Inadequate medical or mental health treatment of prisoners
• Keeping prisoners in unsafe or unsanitary conditions
• Denying prisoners their right to contest the treatment they receive and the conditions in which they are kept