Call Us Today for Legal Advice in WRONGFUL DEATH, CIVIL RIGHTS, POLICE/JAIL MISCONDUCT and SEVERE INJURY.

JAIL SUICIDE AND DEATH: Haddad and Sherwin is currently representing families of people suffering WRONGFUL DEATH in jail. Click here...

POLICE SHOOTING / WRONGFUL DEATH: Haddad and Sherwin is currently reviewing and investigating POLICE SHOOTINGS and WRONGFUL DEATH cases. Click here...

WINNING MAJOR REFORMS: Improving training and policies to prevent future violations. Click here...

A View at Correctional Officer Excessive Use of Force

This content about Correctional Officer Excessive Use of Force was written by a third party and does not represent the views or opinions of Haddad & Sherwin LLP, nor should it be construed as a complete and accurate statement of the law or as legal advice.  For better information about this topic, please contact Haddad & Sherwin LLP.

The fact that an individual has committed a crime does not give correctional staff the right to exert any punishment or abuse on them. Such behavior is unlawful and constitutes one of the variants of excessive force, an increasingly common and rarely punished tort involving law enforcement officers. Here are some of the legal implications of Correctional Officer Excessive Use of Force.

Correctional Officers Can Be Held Liable for Excessive Use of Force

If proven to have trespassed their duties and an inmate’s constitutional right to be free from cruel and unnecessary punishment, one or several officers or the county can be responsible for excessive use of force. If a supervisor or an officer’s superior failed to correct the irregular behavior, they could also be held liable in an excessive use of force claim with deliberate indifference. They could face separation from office, a federal lawsuit, or even a criminal lawsuit if the incident calls for criminal charges to be pressed against them. The institution where they work could face an injunction, which is a type of remedy that ensures a revision in the policies of the institution in case they may be in any way encouraging misconduct from law enforcement officers.

Individuals Under Custody Have Rights

Regardless of the nature of the crime someone committed, they shouldn’t be subjected to punishment, mistreatment, or negligence during the application of rules and order. Only if an individual poses a threat to the life and integrity of other people should force be applied. Repeated actions against inmates, retaliation, neglect, and measures that leave permanent or debilitating injury are considered a form of abuse as well.

Relief Against Correctional Officer Excessive Use of Force

First, make sure you go through other administrative procedures before filing a federal claim since this means you’ll have fulfilled the requirement established by the Prison Litigation Reform Act. Without having pursued lower instances, a court case is likely to be dismissed.

 

The statute of limitations is another important thing to look at, so you will have two years to file for a federal and six months to file for a state law claim.  

Leave Your Claim in Expert Hands

It is not easy to put together a case for excessive use of force by a correctional officer, so you’re better off recurring to the best attorneys with experience in this kind of case. Seek help if you or a loved one is suffering because of excessive in a correctional facility.

Haddad & Sherwin LLP has a long, successful track record winning wrongful death and other serious civil rights claims for police and jail officer misconduct, throughout Northern and Central California.  Call or email us for a free consultation.

This content about Correctional Officer Excessive Use of Force was written by a third party and does not represent the views or opinions of Haddad & Sherwin LLP, nor should it be construed as a complete and accurate statement of the law or as legal advice.  For better information about this topic, please contact Haddad & Sherwin LLP.