Protecting The Constitutional Rights Of Inmates
People convicted of crimes in this country owe a debt to society. Much of that debt is repaid by serving a sentence in jail or prison. There are many restrictions that take place during incarceration, but inmates are still protected by the constitution. Specifically, the Eighth Amendment provides protections against cruel and unusual punishment and the Fourth Amendment protects against unreasonable search, seizure or detention.
At Frasier, Frasier & Hickman, LLP, in Tulsa, we are strong advocates for the injured no matter where they are in the state of Oklahoma. This includes inmates who have been seriously injured behind bars as well as the loved ones of inmates who have died behind bars as a result of institutional negligence. We bring more than 65 years of experience securing fair settlements for injury survivors and families.
Do Inmates Have The Right To Bring A Claim?
Not only are inmates protected by the Eighth Amendment and Fourth Amendment while incarcerated, they also possess the ability to pursue a personal injury claim. Section 1983 of the Civil Rights Act allows civilians, including inmates, to sue for injuries or harm they have suffered at the hands of state or local government employees. In the case of inmates, the claims are usually centered on mistreatment by correctional officers and other prison staff. The legal issues in such claims are like those involving allegations of police brutality.
Inmates can also pursue Bivens actions if their injury involves accusations of harm by the employee of a federal prison. Inmates injured within a privately-run prison may be able to pursue a claim under existing Oklahoma tort law.
No Case Is Too Complex
The legal hurdles in inmate injury claims can be very high. If you are considering pursuing legal action it is in your best interest to have our proven personal injury lawyers on your side. We stand by clients from all walks of life to provide dedicated and experienced legal representation focused on achieving the best possible results. Contact us today to arrange your initial consultation. There is no fee unless we win.