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If a corrections officer assaults an inmate, can the inmate sue the corrections officer. What are Prisoners’ Rights in these situations?

Prisoners’ rights cases are very difficult to win. However, the standard for excessive force is the same as if it would be against a police officer. Things that our lawyers look for in reviewing a case is whether the inmate was arrested and if so what is the outcome of that case. Next, we look to the injuries. Was the guard injured? If yes, did the guard get any type of medical treatment treat? Where was the injury to his hand or to his face? Was the inmate injured? How severe was the injury?

The analysis is just about the same as a normal police brutality case–was the amount of force used by the officer a reasonable amount of force considering the amount of force the officer was facing? If the force was too great, there is a claim.

Recently in Philadelphia, there was a great example of a prisoners’ rights case. In that example, an officer with a previous accusation of beating an inmate, was caught on tape beating another inmate. In light of recent technology, and that the CFCF (Curran Fromhold Correctional Facility) has a ton of cameras, you would think the officer would be a little smarter than to beat somebody and then have him charged with assaulting the officer.

This is a clear example of a great prisoners’ rights case, especially since it seems like the guard is not getting fired.

Author: Brian Zeiger
Brian Zeiger

Brian J. Zeiger, Esquire, is an experienced and successful criminal defense and civil rights attorney. He is a seasoned trial lawyer with significant experience before juries and judges. Brian understands civil rights cases, including Taser, Wrongful Death, Excessive Force, Police Brutality, Police Misconduct, Malicious Prosecution, Monell Claims, Sexual Assault, Prisoner’s Rights, Time Credit, Medical Malpractice, and Medical Indifference.