Prison Guard Brutality

prison guardPrison brutality in NYC prisons remains prevalent, contrary to common assumptions. Inmates still face mistreatment and unreasonable force in New York and around the country.

What is Considered Prison Guard Brutality

When prison staff use excessive force or sexually assault a prisoner, this is a Fourth Amendment constitutional violation under federal law and an assault and battery under state law. Additionally, prison guards have a duty to protect prisoners who are in their custody and care. Therefore, if guards condone, permit, or fail to intervene during incidents involving inmate on inmate assaults, the guards may also be held liable. Such prison guard brutality may lead to serious and debilitating injuries or death.

What are the Consequences of Prison Guard Brutality?

Inmates have power against  New York City prison guard brutality. They can file a federal civil right action or personal injury lawsuits to safeguard their rights, recover compensation for their injuries, and punish misbehaving guards.

How can you Prove Prison Guard Brutality?

To offer themselves a strong voice, victims must seek the help of an expert legal attorney.

Under New York law, inmates should submit a notice of claim with the City Comptroller’s Office within ninety days of the incident to preserve their right to bring assault and battery and any other state law claims with the City. The lawsuit will then need to be filed within one year and 90 days from the incident date.

Under Federal law, the inmate need not file a notice of claim but must bring the lawsuit within three years of the date of the incident.

There may be acceptable reasons for a delay, however, they are granted in rare instances.

How an Attorney Can Help if You’re a Prison Guard Brutality Victim

If you or a close relative has been injured as a result of prison guard misconduct, speak with a Romano & Kuan attorney about your legal options. Bringing a claim for inmate mistreatment is complex, and the representation and support of an attorney who has handled inmate abuse cases before are vital.