Prison Abuse Lawyer

Being arrested or incarcerated does not make mistreatment okay. When prison guards intentionally cause harm without justification, or when they do nothing when a prisoner is harmed, they must be held accountable. Our Florida prison abuse lawyers can help you file a civil rights lawsuit against your abusers and the facility to demand the compensation you deserve.

Written and edited by our team of expert legal content writers and reviewed and approved by Attorney Mark O’Mara

Content last updated on: May 19, 2023

Disclaimer: The O‘Mara Law Group strives to provide the highest quality of legal representation for our clients. However, due to the volume of cases we receive, we reserve the right to select civil rights cases of national significance on a discretionary basis. We appreciate your understanding as we strive to provide the best possible service.

Just because you have been incarcerated does not mean you deserve to be mistreated. If you or a loved one has been abused, sexually assaulted, or otherwise harmed by a guard or prison official, it is time to stand up for your rights. 

You may have the right to file a civil rights claim and demand compensation for the injuries, harm, and suffering you have endured. The Florida prison abuse attorneys at the O’Mara Law Group are here to help you make the most of your civil rights claim.

We are top-rated Florida trial attorneys who have gained national recognition for our civil rights work. We help our clients stand up to powerful institutions and government agencies, striving to make a genuine difference in victims’ lives. We have achieved meaningful results in cases involving police misconduct, police brutality, prison abuse, and other devastating violations of constitutional rights.

You may forfeit some rights when you are convicted and sentenced to time behind bars, but the right to be free from abuse is not one of them. Call our law office in Orlando or Lakeland, Florida, to find out how our award-winning prison abuse attorneys can help you fight to make things right.

What is prison abuse?

As a prisoner in the state of Florida, you have the right to be treated humanely. The Eighth Amendment protects you from cruel and unusual punishment or the use of unreasonable force, including prison abuse. Unfortunately, prison abuse is all too common in local jails, state prisons, and federal penitentiaries — and is often carried out by prison guards and officers.

Prison abuse refers to the physical, sexual, or psychological mistreatment of inmates while they are detained or behind bars. Some examples of prison abuse include:

  • Physical assaults, including beating, kicking, hitting, punching, pushing, and shoving
  • Sexual abuse or assault
  • Rape
  • Withholding medical attention
  • Withholding mental health care
  • Failing to prevent or control inmate violence and sexual assaults
  • Failing to prevent suicide
  • Failing to prevent prison murders
  • Torture
  • Starvation
  • Solitary confinement without justification

Prison abuse can involve actions taken directly by prison officials or can occur when a prison guard fails to intervene when a prisoner is abused by others.

How common is prison abuse?

According to the World Health Organization, one out of every four inmates worldwide is abused behind bars. About 4 to 5 percent of those inmates are raped or sexually assaulted. According to the Department of Justice, more than 200,000 inmates were raped or sexually assaulted behind bars in 2008 alone.

About 21 percent of males incarcerated in the United States claim to have been physically assaulted by other inmates or prison guards. However, it is believed that prison abuse is vastly underreported, either due to fear of retribution or prisons ignoring complaints. So prison abuse is likely much more of a problem than statistics indicate.

What can I do if I or a family member is being abused in prison?

If you have been abused by prison guards — or if guards have looked the other way in an attack — at a local jail, state prison, or federal penitentiary, you can take certain steps to protect yourself.

First, tell friends and family members about the abuse you have experienced. Document the incident, and do your best to gather evidence. 

Next, if the abuse is widespread, file a CRIPA Complaint. The Civil Rights of Institutionalized Persons Act (CRIPA) allows you to send a complaint directly to the Department of Justice. Once the Department of Justice receives it, they will coordinate an investigation into the allegations of systemic prison abuse. CRIPA can uncover and fix widespread abuse but doesn’t help targeted individuals.

Finally, contact an inmates rights attorney, and explore your right to file a civil rights lawsuit. Prison abuse can be a violation of your Eighth Amendment rights, and Section 1983 of the United States Code permits you to sue the prison guards and facility where you were abused. Under Section 1983, you can pursue compensation for:

  • Medical bills
  • Disability
  • Disfigurement
  • Emotional distress
  • Post-traumatic stress disorder
  • Pain and suffering
  • Attorney’s fees
  • Punitive damages

By filing a prison abuse lawsuit, you can expose the prison guard and facility for the harm they have caused and potentially protect other inmates from similar abuses.

Filing a prison abuse lawsuit can be difficult, especially if you are currently incarcerated or have limited resources at your disposal. That is why hiring an experienced Florida prisoner abuse lawyer is one of the best things you can do.

Contact the O’Mara Law Firm’s Top Civil Rights Attorneys for Help With Your Prison Abuse Lawsuit

Your rights aren’t suspended when you are arrested, detained, or convicted of a crime in Florida. Your Eighth Amendment right to be free from cruel and unusual punishment — including a prison guard’s unreasonable use of force — remains. 

If you have been abused as an inmate in a Florida prison facility, or if you have a family member who was abused, you can file a civil rights lawsuit to seek justice.

At the O’Mara Law Group, our Florida civil rights attorneys have been fighting to protect victims of prison abuse and other types of police misconduct for decades. Our team includes award-winning attorneys with a combined 35 years of experience. We help our clients achieve top results in high-stakes civil rights lawsuits.

Now is your opportunity to file a prison abuse lawsuit and demand the compensation (and justice) you deserve. Contact our law offices, conveniently located in Lakeland and Orlando, to arrange a free consultation. We are available to take your call day and night.

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