Prisoner Rights and 8th Amendment Violations

Prisoner Rights and 8th Amendment Violations

Prisoner rights and 8th Amendment violations, civil rights litigation are very complex legal concentrations, encompassing numerous overlapping federal and state constitutional rights, rules, privileges, liberties, and immunities, and more rules regarding procedures than most other legal areas. Almost all prisoner rights litigation regarding housing conditions such as overcrowding, medical malpractice, and denial of medical care, are generally covered by the Prison Litigation Reform Act (“PLRA”). While the PLRA contains many rules about getting standing, necessary to bring a civil rights claim in federal district court, related to Constitutional rights violations and infringements, it, and being knowledgeable about this procedural step can be the difference between success and failure in litigation. Furthermore, 8th Amendment prisoner rights claims arising from housing conditions, require not only the timeliness, specificity, but also exhaustion of administrative remedies.

Furthermore, our firm has experience investigating, developing, filing, and litigating prisoner rights and 8th Amendment violation, housing condition civil rights lawsuits. Likewise, Supervising Attorney David Wesley Cornish, Esquire, is a member of the pro bono civil rights panel for the Pennsylvania Eastern District Federal Court. In addition to all federal district courts in Pennsylvania, which include Scranton, Harrisburg, and Pittsburgh, we vigorously defend our clients prisoner rights and 8th Amendment claims in federal courts located in Texas, North Dakota, Illinois, Colorado, Florida, New Yorkthe District of Columbia, and New Jersey.  

Prisoner Rights and 8th Amendment violation cases we handle include, but are certainly not limited to: 
  • Overcrowding and other unsafe physical/housing conditions 
  • Overcharging for Phone Calls and Commissary materials
  • Denial of Regular Mail and/or Legal Mail
  • Prison Guard Brutality
  • Medical Care Treatment Refusals (mental and physical)
  • Denial of Access to bilingual materials
  • No educational programs for general population prisoners or for developmentally disabled inmates
  • Handicap/Physical Disability Discrimination
  • Denial of Kosher and/or Diabetic Meals

 

 

Do you know your rights? 

All prison inmates have basic rights

If you or a family  member is facing incarceration, you need to know your rights. Free Speech Prisoners do not have free speech rights granted under the First Amendment.  Prison officials many punish inmates who cause unrest within the facility.  It is not uncommon for prison officials to censor available reading materials. Privacy Prisoners do not have the right...