An Overview of Use of Excessive Force by Correctional Officers

People in jail or prison have the right to be free from the use of excessive force by correctional officers. Where those constitutional violations happen in jails to people who are awaiting trial and have not been convicted (pretrial detainees), they are violations of the Fourteenth Amendment to the United States Constitution, which prohibits deprivation of life, liberty, or property by the government without due process of law.  Where those constitutional violations happen in prisons to people who are serving sentences after conviction, they are violations of the Eighth Amendment, which forbids cruel and unusual punishment.

Extrajudicial Punishment Is Use of Excessive Force

Regardless of the nature of the charges or crime, an inmate should not be subjected to unjustified punishment or mistreatment.  

In jails, generally any force used by correctional officers on an inmate must be objectively reasonable under the circumstances, including the level of force, need for force, any threats facing the officers, and other legitimate correctional needs.  This is basically the same standard that applies to law enforcement officers uses of force in people outside of jail.

In prisons, where inmates have been convicted of crimes, correctional officers generally have more discretion to use force than they do in jails.  In prisons, correctional officers may use force in good faith efforts to keep order and can be held accountable under the Eighth Amendment only if they use force maliciously or sadistically with intent to cause harm.  Obviously, that is a much higher standard for a civil rights plaintiff to have to prove for a use of force in prison as compared to a use of force to a person awaiting trial in jail.

Who Can Be Held Liable for Use of Excessive Force by Correctional Officers?

An individual officer, several officers, or a county or local jail that employs them can all be held liable through a federal civil rights claim. Supervisors of an offending officer can be held liable for their “deliberate indifference” if they can be found to have caused or set in motion a use of unlawful force through their supervision or lack thereof.  State prison officials and guards can also be sued for the use of excessive force or supervisory deliberate indifference, but a state itself cannot be sued under the federal civil rights act, 42 U.S.C. section 1983.

Some Tips to Successfully Claim for Use of Excessive Force by Correctional Officers

Before filing a lawsuit with a claim for excessive force, convicted inmates must exhaust administrative remedies.  Some states, like California, also require the filing of a pre-suit claim with the state or public entity that runs the correctional facility before filing state law claims.  Every state also has a statute of limitations, that requires a lawsuit to be filed in court within a limited time period or it will be barred.  There are other pre-suit requirements that may apply to civil rights lawsuits.  It is important to consult with a qualified civil rights attorney as soon as possible if you may wish to bring a civil rights lawsuit. 

Speak with an Excessive Force Lawyer in California

Haddad & Sherwin LLP have a long track record of winning civil rights cases with results that include large settlements and verdicts for their clients, groundbreaking legal rulings, and important reforms to prevent future harms.  Haddad & Sherwin LLP handle only a unique subset of Section 1983 cases: cases where a person was killed or permanently, catastrophically injured in California by law enforcement or county jail misconduct.  If you would like to consult with experienced civil rights lawyers because your loved one was killed by police or died in a California county jail, then contact the attorneys at Haddad & Sherwin LLP.  If your civil rights were seriously violated, but without death and without permanent, catastrophic injury, you could try the list of civil rights attorneys here.