Prison is a place where tens of thousands of men and woman pass through every year in California alone. Prisoners are entitled to acceptable standards of health, safety, and human dignity, but their treatment far too often falls way below this threshold. And despite what many people believe, people in jail do have rights. An expert attorney who has experience in inmate injuries can make sure an inmate’s rights are preserved.
Leading Civil Rights and Human Rights Violations in the California Penal System
The California prison system has increasingly run afoul over the past few decades, leading to horrendous instances of prisoner abuse. Jails are overcrowded and poorly managed as their thirsts for profits easily overshadow their concerns for even the most basic civil rights. It is up to experienced lawyers to help keep the rights of prisoners intact. Examples of prisoner abuse include:
If you or a loved one were exposed to these injuries while in prison, one of our skilled attorneys with experience in prison injury cases can help you receive compensation.
What We Do: Our top California Civil Rights attorneys firmly believe that inmates deserve their basic human rights. Inmates are repeatedly shunned and silenced, and we take pride in providing a microphone and a defense for them. If you or a loved one has been abused, injured, or stripped of your civil rights, please contact one of our accomplished attorneys who has experience handling inmate injury claims for a free case evaluation.
Our Recent Verdicts and Settlements
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Medical Care in Prison – Failure to Provide Proper Medical Treatment and Violation of Civil Rights
The United States Constitution, notably the eighth amendment, provided a basis for adequate medical care for inmates. The eighth amendment prohibits the federal government from imposing cruel and unusual punishment. Failure to provide adequate and prompt medical care when a jail knows or should know that an inmate is severely injured is a direct violation of their eighth amendment rights.
In fact, unknown to many inmates, California courts have ruled that prisoners have a legal remedy when their basic rights to medical care are being violated. By law, if a prison deprives prisoners of basic sustenance, including adequate medical care, the courts have a responsibility to remedy the resulting Eighth Amendment violation.
While prisons are not required to provide the highest level of healthcare possible, they are at least required to provide an amount deemed sufficient by human standards. Sadly, many prisons fail to live up to even these low standards.
Contact an attorney with expertise in inmate injury lawsuits today to seek compensation for violated civil rights.
What Is Medical Neglect in California Prisons?
In order to prove that an inmate’s condition was being neglected, you must show a “deliberate indifference to serious medical needs.” In other words, the injury sustained must have been serious, and the neglect must have been willful or purposeful.
As you can imagine, this is a difficult standard to prove. There is no clear definition of what severe is, and it is always difficult to prove that somebody’s inaction was deliberate. Our job, as civil rights lawyers, is to overcome these obstacles and prove that your constitutional rights were violated.
The Problem with Overcrowded Prisons: The Supreme Court found in the historic case of Brown v. Plata that California prisons are too crowded. In fact, the case stated that the court-mandated population limit is necessary to remedy the violation of prisoners’ constitutional rights.
Excessive Force by Prison Guards: In addition to providing for sufficient medical care, the eighth amendment protects prisoners from excessive force from guards. Prisons are entitled to use a certain level of force in certain situations. However, the amount of force used must be reasonable and should not exceed the minimum that is necessary. Furthermore, the force used may not be retaliatory.
California Prisoner Civil Rights and Injury Attorneys
Inmates do not lose their rights when they enter a correctional facility. The Eighth Amendment of the United States Constitution protects prisoners from cruel and unusual punishment. Quite frankly treatment of many of these individuals fall far below the standards set forth by our founding fathers. In truth, the treatment of many jailed individuals amounts to nothing less than torture. However, unlike many other members of our society, inmates rarely have a forum to voice their mistreatment.
Injured / Accident While Working on Prison
In California, inmates and other incarcerated workers do have access to Workers’ Compensation benefits, if you are injured on the job while serving time in prison. The California Workers’ Compensation law offers inmates the rights to receive benefits for their injuries and illnesses, as related to their jobs working in the prison work programs. For this to be an eligible injury, the injury of the inmate has to be:
- Occurred during the workday or job day
- Related to the performance of work duties
- Not a deliberate causing of an injury
- The person can’t have been under the influence of drugs or alcohol
- The injury is not caused by illegal actions of the worker
- The injury is not caused by a fight started by the person making this claim for injuries
If you are injured while working at a prison work program, you have rights to workers’ compensation and can get reimbursed for your claim. You need to call us right now, to discuss the merits of your claim while working in the prison work program and becoming injured.
Injuries in Prison Work Programs
Your injuries in the prison work program may have occurred for a variety of reasons, such as:
- Being told to do work you were not properly trained to do
- Working without proper supervision
- Other inmates working near you in an unsafe way
- An unsafe environment in the prison work program workspace
- Broken tools in the workspace
- Safety made less than a priority in the workspace
- Inattention to safety and safety protocols in the workspace
You do not need to feel embarrassed, ashamed or humiliated if you were injured while working at a prison work program workplace. You have rights too! We are here for you to ensure that you receive the care you need when working and becoming injured while at a prison work program. You just need to contact us to discuss your claim, and we are here to help you sort out what to do next.
Spanish on What to Do When Injured While Working at a Prison Work Program
¿Qué hacer cuando se lesiona mientras trabaja en un programa de trabajo penitenciario?
En California, los reclusos y otros trabajadores encarcelados tienen acceso a los beneficios de Compensación para trabajadores, si se lesiona en el trabajo mientras cumple condena en prisión. La ley de Compensación para Trabajadores de California ofrece a los reclusos el derecho a recibir beneficios por sus lesiones y enfermedades, en relación con sus trabajos en los programas de trabajo de la prisión. Para que esto sea una lesión elegible, la lesión del recluso tiene que ser:
• Ocurrió durante la jornada laboral o jornada laboral
• Relacionados con el desempeño de las funciones laborales
• No es una causa deliberada de una lesión
• La persona no puede haber estado bajo la influencia de drogas o alcohol
• La lesión no es causada por acciones ilegales del trabajador
• La lesión no es causada por una pelea iniciada por la persona que presenta este reclamo por lesiones.
Si se lesiona mientras trabaja en un programa de trabajo penitenciario, tiene derecho a compensación laboral y puede obtener un reembolso por su reclamo. Debe llamarnos ahora mismo para discutir los méritos de su reclamo mientras trabaja en el programa de trabajo de la prisión y se lesiona.
Lesiones en Programas de Trabajo Penitenciario
Sus lesiones en el programa de trabajo de la prisión pueden haber ocurrido por una variedad de razones, tales como:
• Que le digan que haga un trabajo para el que no recibió la capacitación adecuada
• Trabajar sin la supervisión adecuada
• Otros reclusos que trabajan cerca de usted de manera insegura
• Un entorno inseguro en el espacio de trabajo del programa de trabajo penitenciario
• Herramientas rotas en el espacio de trabajo
• La seguridad no es una prioridad en el espacio de trabajo
• Falta de atención a la seguridad y protocolos de seguridad en el espacio de trabajo
No necesita sentirse avergonzado, avergonzado o humillado si se lesionó mientras trabajaba en un lugar de trabajo del programa de trabajo de la prisión. ¡Tú también tienes derechos! Estamos aquí para asegurarnos de que reciba la atención que necesita cuando trabaja y se lesiona mientras está en un programa de trabajo penitenciario. Solo necesita comunicarse con nosotros para discutir su reclamo, y estamos aquí para ayudarlo a decidir qué hacer a continuación.
Prisons in California
The California Department of Corrections and Rehabilitation (CDCR) owns and operates a total of 34 adult prisons in the state. The prisons are listed below:
- Avenal State Prison
- California City Correctional Facility
- California Correctional Center
- California Correctional Institution
- California Health Care Facility
- California Institution for Men
- California Institution for Women
- California Medical Facility
- California Men’s Colony
- California Rehabilitation Center
- California State Prison, Centinela
- California State Prison, Corcoran
- California State Prison, Los Angeles County
- California State Prison, Sacramento
- California State Prison, Solano
- California Substance Abuse Treatment Facility and State Prison, Corcoran
- Calipatria State Prison
- Central California Women’s Facility
- Chuckawalla Valley State Prison
- Correctional Training Facility
- Folson State Prison
- High Desert State Prison
- Ironwood State Prison
- Kern Valley State Prison
- Mule Creek State Prison
- North Kern State Prison
- Pelican Bay State Prison
- Pleasant Valley State Prison
- Richard J. Donovan Correctional Facility
- Salinas Valley State Prison
- San Quentin State Prison
- Sierra Conservation Center
- Valley State Prison
- Wasco State Prison
If you or a loved one sustained injuries at any of the prisons listed above, you could have grounds to file a claim. Do not hesitate to seek legal assistance with the experts here at our law firm at your earliest convenience. Our legal team is more than ready to provide you with the guidance that you need to understand your rights and pursue your claim.
Normandie’s Role
Our top-rated law group, Normandie Law Firm, is here to help prisoners make their voices heard and to protect their rights. An experienced attorney at our law firm will give you a free legal consultation when you ask about inmate injuries and will answer any questions you have. We also offer a zero fee guarantee for all clients – you do not pay any fees throughout the entire litigation process. Our payment comes from the settlement we win for you, and not from your pockets.
Contact Normandie Law Firm today to speak with a lawyer experienced in inmate injury cases.
4 Comments
Inmate injury in CA prison
Was hurt in prison bad,by inmate, the state has pay off but the inmate has not,what laws, rights, do I have,constitution laws under 1983 do I have.
MY son was raped by an Officer in the Prison and a an inmate my son also did not give consent for HIV testing. his mail is not being delivered to him.
I Need someone to help me be my brothers voice. He was in prison in Chowcilla Ca., sent to Arizona , he has Hep-C, Copd, a bubble in one of his heart valves and has been diagnosed either throat cancer stage 3-4.Arizona Physicians told him he needs to start chemo right away., and we’re willing to start it. The CALIF. Said No, he’s going back to CALIF The Drs mentioned it was urgent he start treatment. They sent him back to Ca per CALIF . Held him over in Chinofor days, then to San Diegowher the told him he would start his chemo, after a few days they sent him to Stockton CALIF where he is still waiting for treatment. He asked a dr there about his treatment and was told , again he has to wait. And asked my brother what made him think he was special . My brother just said I’m not special but I have family that l0ves me and cares about me, and they don’t want me to die.my brother has been in prison since 2008,and has a release date of April 2021 . Please help us. He’s my only brother I’m his only sister, and again we’re not anyone special, we’re all Gods children. But I feel the prison system is neglecting that he needs urgent medical hep. They are letting him die slowly .Please help Us. My goal is to just give my brother a big hug and sit and have a cup of coffee with him. But most importantly that the give him the medical attention that he desperately need Now.Please Pleas, Help Him. 🙏🙏🙏 Loving Sister