Personal Injury Lawyer For Prisoners
We're here if you or a family member were attacked, assaulted, abused or seriously injured while incarcerated.
Prisoner Abuse And Prison Injuries
Prisoners do not lose all of their rights when they enter the system. For example, a guard cannot verbally, physically, or sexually harass a prisoner, and the staff must provide prompt and appropriate medical care when needed. Unfortunately, we have handled many cases where prisoner’s rights have been ignored and violated by jail officials and they have suffered unnecessary physical or emotional trauma, mental health problems or even death.
If you have sustained a serious, permanent injury in prison, suffered worsening symptoms due to denial of medical care, or lost a loved one serving time in prison due to anything but natural causes, it is in your best interest to seek help from a personal injury lawyer for prisoners. The state may be liable for paying your personal injury claim if you and your attorney can prove negligence and deliberate indifference on the part of the staff or prison officials. This can include anything from refusing to provide needed medicines to injuries sustained from being in the vicinity of another prisoner known to have violent outbursts.
Recent headlines have captured the frightening and dangerous conditions in our prisons. Many inmates are subjected to improper treatment by staff, have been denied necessary care or medical treatment, and have suffered harm as a result of unsupervised interactions with fellow prisoners.
If you or a family member were attacked, assaulted, subjected to abuse or otherwise seriously injured while incarcerated — or if your medical needs were not attended to — talk to the New York civil rights attorneys and prisoner’s injury lawyers at the Jacob Fuchsberg Law Firm. We can help you understand your rights and help you seek recourse.
Assaults, Attacks And Corrections Misconduct | Medical Neglect While In Custody
Unfortunately, prison assaults and medical neglect are an ongoing problem in New York prisons and jails. Attorney Alan L. Fuchsberg has more than 30 years of experience representing injured people and their families. He is passionate about protecting the rights of prisoners, exposing harmful misconduct, and holding wrongdoers accountable for their actions.
Although prisoners waive many of their rights by virtue of being imprisoned, there are some constitutional rights that everyone is guaranteed. Namely, prisoners are protected from cruel and unusual punishment by the 8th Amendment.
Violations of the Eighth Amendment include:
Excessive Use of Force by Correction Staff
Too often, correction officers use excessive force with inmates when none was necessary, clearly rights violations that are not reported. For example, in one of our cases, an inmate was sprayed with an entire can of pepper spray, causing him to go permanently blind. There is no situation in which an entire can of pepper spray needs to be directed at an inmate’s face. This is a violation of federal law, the inmate’s Eighth Amendment rights, and the Jacob Fuchsberg injury law firm is fighting to bring our client justice.
Failure to Provide Medical Care
When someone goes to prison, they lose the ability to call 911 for an ambulance or schedule a doctor’s appointment or seek treatment for any medical conditions if they think something is wrong. Their health is entirely in the hands of the prison staff. Inmates are able to put in sick notes and request medical attention, but whether or not they receive treatment is up to the discretion of the prison guards on duty that day. Too many inmates are falling sick in prisons and not receiving treatment for their medical conditions. We have handled a case where a prisoner who had diabetes was not given his insulin and as a result, the prisoner passed away. Sadly, cases such as these are not uncommon.
It has been reported that prisoners are found to age faster, likely due to the high-stress environment they are in. Given this situation, prisoners’ health issues crop up faster and can become more severe at earlier ages. Jails are simply not equipped to deal with such a fast-aging population, and medical care is not always administered at the right time and at the right level.
Deprivation of Food, Water, or Medication
Prison staff are not allowed to withhold food, water, or medication from inmates for any reason whatsoever. If an inmate is denied a meal or medication that is prescribed to them, the prison is in violation of the 8th Amendment’s provision against cruel and unusual punishment. If you or a loved one is in prison and has suffered a serious or permanent injury as a result of being refused water or a meal, or your medicine, you may have a claim. Please call the Jacob Fuchsberg Law Firm for a free consultation at 212-869-3500.
Studies have found that the mental and psychological impact of being in solitary confinement for even a few days, let alone, a few weeks, or years, are astronomical. The Jacob Fuchsberg Law Firm is investigating cases where inmates have been put in solitary confinement for years and have suffered from severe psychological damage as a result.
Understaffing of Correction Officers
Understaffing in prisons is a persistent problem across the United States. As mass incarceration continues to grow, there are more prisoners than there are staff. This is a safety concern for all parties involved. In June of 2019, two riots broke out at a facility – seriously injuring dozens of inmates – because there were not enough guards to break up the fights.
The Jacob Fuchsberg Law Firm represents some of these inmates and believes their rights were violated as the jail negligently failed to prevent the riots and deliberately allowed an unsafe number of prisoners to gather in the yard at one time. As more and more people are put behind bars, issues such as understaffing as well as lack of cleanliness, sexual harassment, lack of oversight, and solitary confinement are exacerbated.
Sexual Harassment, Sexual Assault, And Relationships Between Officers And Inmates
Prisoners are an extremely vulnerable population, and as a result, sexual assaults run rampant in prisons and jails. The power imbalance between correction staff and inmates often creates a charged atmosphere. We have seen cases where prison guards have perpetrated these crimes, and cases where fellow inmates have assaulted their peers. In many cases, the prisoners do not even report the abuse, because they are afraid of retaliation by the abuser.
It is also unlawful for a correction officer to give a prison inmate preferential treatment. We have seen many cases of preferential treatment in women’s prisons. In those cases, female inmates are coerced to have sexual relationships with correction officers, in exchange for preferential treatment such as phone privileges or other favors.
Unsanitary conditions in prisons can lead to the rapid spread of diseases, ranging from the common cold to more serious infections such as MRSA. Many facilities are widely known among inmates for their unsanitary conditions and lack of cleanliness.
Disclosure of Medical History
Prison staff are not allowed to disclose a prison inmate’s medical history with anyone other than a medical professional. This is crucial as it can have repercussions for an inmate’s physical safety and well-being. In a case that we are working on, a correctional officer deliberately revealed an inmate’s HIV-positive status to an entire pod of inmates. Our client then faced verbal and physical harassment from other inmates in addition to fearing for his safety. This constitutes “cruel and unusual punishment,” as our client was subjected to taunts, harassment, and injuries due to the correctional officer’s deliberate indifference to our client’s right to privacy. The Jacob Fuchsberg Law Firm has filed a lawsuit on our client’s behalf and hopes to reach a fair settlement to compensate for the injuries our client suffered while incarcerated.
Anything Else that is “Cruel and Unusual”
Any other actions by prison staff that equate “cruel and unusual punishment” are also actions that can bring lawsuits against the facilities. If you or a family member were mistreated in prison and your 8th Amendment constitutional rights were violated, please contact the Jacob Fuchsberg Law Firm at 212-869-3500 for a free consultation with an attorney.
We Have Handled Prison Cases In Facilities Throughout New York And New Jersey
The Jacob Fuchsberg Law Firm has represented prisoners incarcerated in facilities in New York and New Jersey including:
Bedford Hills Correctional Facility
Hudson County Correctional Facility
Fishkill Correctional Facility
Southport Correctional Facility
Clinton Correctional Facility
Sing Sing Correctional Facility.
If someone you love was killed or died in prison, you might have a legal claim on behalf of them, quite possibly individual claims against the specific prison for negligence, inmate injury, or wrongful death. Please contact us if you or a family member has suffered a permanent or serious injury at any one of these facilities.
Free Consultation With Our New York Prison Injury Attorneys
The Jacob Fuchsberg Law Firm has provided legal advice and handled numerous cases on behalf of prisoners and their families who suffered mistreatment in prison. If you or a family member were seriously or permanently injured while in jail, The Jacob Fuchsberg Law Firm can answer your questions and help you decide how to move forward. Contact our knowledgeable New York City lawyers for prison injury cases. If we represent you in a lawsuit, there are no legal fees unless you are awarded compensation for your damages and losses. To request a free consultation please call 212-869-3500.
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