This act can help you fight prison abuse in Denver

Denver, CO – People who are in jail or prison lose some of their constitutional rights, but that doesn’t mean they have no rights at all. 

For instance, prisoners are protected by the Eighth Amendment’s against cruel and unusual punishment. This extends to the living conditions, as well. If the guards use force against an inmate, the jury will have to consider only whether the amount of force used was objectively appropriate, regardless of the intentions of the correctional staff.

At the same time, prisoners retain their right to due process when they file an administrative appeal or when they present a parole demand. 

Prisoners are also protected against discrimination based on race, sex, nationality, or religion under the Model Sentencing and Corrections Act of 1978. For instance, if you are a person of color and you are routinely mistreated by guards or subjected to unnecessary strip searches, you can file a complaint for racial discrimination. 

Whenever your civil rights are violated, you have the right to file a complaint or a lawsuit. Those in jail or prison may have trouble contacting someone on the outside, so you should ask your family to reach out to a seasoned Denver prison litigation lawyer.

When should you contact a prison litigation attorney?

Under US law, people in jail awaiting trial or those in prison should not have to endure things such as:

  • Beatings and other types of physical abuse
  • Lack of  medical attention
  • Starvation
  • Unsanitary living conditions
  • Torture
  • Failure to control inmate violence
  • Sexual abuse by prison guards
  • Failure to prevent sexual assault by other inmates
  • Psychological abuse
  • Racial discrimination
  • Not being allowed to practice their religion

If a family member was murdered in prison, you have the right to file a complaint and receive damages. Also, if your loved one took his own life you may have a case against the correctional facility for failure to prevent suicide.

What are the legal remedies for prison abuse?

According to the law, inmates must exhaust administrative procedures before they are allowed to file a lawsuit for prison abuse. This means that you will have to file a complaint with the prison administration. If you were abused by a prison guard or complained about the living conditions, it’s unlikely your complaint will be successful. Make sure to get a lawyer and let them know you have a legal representative watching out for you. This may protect you against retaliation. 

You can file a lawsuit in a Colorado court or you can take your case to federal level, using the Section 1983 litigation. 

There are two main types of remedies available:

  • Injunctive relief
  • Monetary damages

Injunctive relief is easier to obtain than financial damages. Using injunctive relief you can force the prison administration to

  • Reduce overcrowding
  • Improve living conditions
  • Fire abusive jail or prison officials
  • Take steps to prevent abuse by either guards or inmates

Monetary damages are difficult to recover, but a seasoned lawyer should be able to get you compensation for your medical bills as well as for your pain and suffering. This applies, for instance, to civilians injured during and after their arrest. If you were later released and had to deal with the consequences of the abuse you suffered in jail, you are entitled to seek damages.

In certain cases, your lawyers can seek compensation for the violation of your civil rights, also known as presumed damages.

If you were the victim of any type of abuse while in jail or prison, contact a reliable lawyer at the Bryan & Terrill law firm in Denver.

Contact info

Bryan & Terrill Law Firm

333 W. Hampden Ave., #420B

Englewood, CO 80110

(720) 923-2333

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