If you go to prison, you still have civil rights. Federal and Pennsylvania laws require prisons and jails to provide humane treatment and reasonable safety for every inmate. When correctional staff fail to fulfill these obligations, it can have life-altering or fatal consequences. The failure to protect prisoners’ rights can result in legal liability against the institution responsible for your or your loved one’s safety.
If you or a family member suffered injury, trauma, or abuse because a prison failed to protect fundamental rights, you may be able to pursue a civil rights claim. These cases can result in financial recovery—and push institutions toward better accountability and safety protocols.
The Zeiger Firm is dedicated to protecting prisoners’ rights. Our law firm provides aggressive and experienced legal representation to clients in Philadelphia and throughout Pennsylvania. Contact us today to learn how we can fight for you.
What Does “Failure to Protect” Mean in Prison Settings?
“Failure to protect” happens when correctional officers or prison administrators knew (or should have known) about risks to an inmate’s safety yet did nothing to prevent that harm. The U.S. Constitution provides protection of prisoner rights under the Eighth Amendment, which prohibits cruel and unusual punishment, and the Fourteenth Amendment, which expands due process rights under the equal protection clause. Courts have held that prison officials have a legal duty to safeguard inmates’ rights in prison, including protecting them from violence, physical and sexual abuse, and medical neglect.
Pennsylvania correctional institutions are also bound by state laws, including 42 Pa.C.S. § 8522 (Sovereign Immunity Act exceptions) and 61 Pa.C.S. § 5902 (standards for correctional institutions). When institutions fail to meet their obligations, victims can pursue claims under 42 U.S.C. § 1983 for civil rights violations.
How a Civil Rights Attorney Can Help If Your Rights in Prison Were Violated
Taking legal action against a prison, jail, or correctional officer is not the same as filing a typical injury claim. These cases involve complex rules about government liability. Without experienced legal representation, valid claims could be dismissed before the case is fully heard.
A civil rights attorney can handle your claim and present a compelling case. This includes:
- Investigating: An attorney begins by independently investigating the case. Many prisons attempt to downplay or deny incidents of abuse. A skilled lawyer works to uncover the truth, even if facilities withhold information.
- Identifying responsible parties: Liability may not rest solely with one officer. Supervisors, jail officials, medical staff, or even the correctional institution itself may all be responsible.
- Preserving key evidence: Prisons often move quickly to destroy or lose video footage, medical charts, or written complaints. Attorney Brian Zeiger can file preservation requests and court motions to secure evidence before it disappears.
- Filing claims under the correct laws: An experienced lawyer will know how to frame your case so that it survives early dismissal attempts and progresses in federal or state court.
- Overcoming procedural hurdles: Jail inmates must often follow strict grievance procedures before filing a lawsuit. Courts also impose deadlines to file claims. Missing even one requirement can jeopardize your lawsuit. A civil rights attorney can ensure that your case is filed properly and on time.
- Negotiation and litigation: Many prisons prefer to settle cases quietly rather than face a public trial. An experienced attorney can push for meaningful settlements that provide justice and fair compensation. If their offers aren’t sufficient, your lawyer can take the case to trial.
Prison guards, corrections officers, and Philadelphia jails often have legal teams protecting them. Having your own aggressive and experienced Philadelphia prisoners’ rights lawyer from The Zeiger Firm can level the playing field. Discuss your legal options to obtain compensation after your rights have been violated.
Common Examples of Rights Violations Behind Bars
Civil rights violations in jail or prison can take many forms. Some of the most common failures to protect include:
- Inmate-on-inmate assaults ignored by prison staff: When prison personnel know of credible threats between inmates and fail to intervene, they may be responsible for the resulting physical injury.
- Failure to respond to known threats or medical emergencies: Prisons must provide adequate medical care. Ignoring urgent medical needs, delaying medical treatment, and dismissing repeated complaints can cause unnecessary suffering.
- Staff abuse or excessive force: Correctional officers are prohibited from using excessive force that serves no legitimate security purpose. Using physical abuse, restraints, or chemical agents can sometimes violate constitutional rights.
- Ignoring complaints of harassment or danger: Prison officers must address formal complaints and grievances. If staff disregard repeated reports of threats, sexual harassment, or unsafe conditions, they fail to uphold their duty.
How to Prove a Failure to Protect Claim
Civil rights cases require clear evidence. Building a strong claim often involves several types of proof:
- Documented threats or previous reports: Written grievances, letters, or records of reported threats demonstrate that prison officials had prior notice of the risk. Courts will consider whether staff were deliberately indifferent to warnings.
- Medical records: Hospital files and evaluations by outside physicians can confirm your injuries and show that you were denied medical care or that it was delayed.
- Witness testimony: Other prisoners, medical staff, or even correctional officers may provide statements that confirm neglect or prisoner abuse.
- Surveillance footage: Cameras inside prisons frequently capture assaults, use of force, or staff misconduct. Video evidence can be some of the most persuasive proof in civil rights litigation.
The Zeiger Firm can move quickly to preserve and obtain this evidence before it disappears.
Compensation and Justice for Prison Inmate Victims
A successful failure-to-protect claim can result in financial recovery to cover your financial losses. Victims may receive monetary damages for medical expenses, rehabilitation costs, pain and suffering, or wrongful death.
Meanwhile, prisons may be required to improve protections or implement better oversight procedures. These changes can reduce the risk of future violations and protect others from suffering the same harm.
In the most egregious cases, courts may award punitive damages. These are reserved for situations involving deliberate or repeated abuse by staff. Punitive damages are intended to punish wrongdoers and deter similar misconduct.
Contact a Failure to Protect Prisoner Rights Attorney for Help
Every prisoner has basic human rights—they don’t disappear just because someone is behind bars. When prisons or staff ignore their duty to protect prison inmates from harm, the consequences can be devastating for inmates and their loved ones.
A civil rights attorney can hold correctional facilities accountable, demand justice, and fight for the compensation you deserve. Contact The Zeiger Firm today to speak with an aggressive and experienced attorney about your failure to protect claim.
