Daytona Beach Civil Rights Lawyer
No matter what the crime, those apprehended, charged, and convicted of violating criminal laws have rights under the US Constitution, as well as the Florida Constitution and its Declaration of Rights. Unfortunately, many individuals do not realize the extent of their civil liberties in the context of encounters with police or correctional officers. In sum, if members of the criminal justice community violate your constitutional rights, you may qualify to bring a civil suit for monetary damages. There are even options for equitable relief, which could improve your situation while you serve out your sentence.
Any legal matter that triggers constitutional principles is extremely complex, especially a civil rights violation that occurred while you are incarcerated. The O’Mara Law Group has extensive experience with these cases, backed up comprehensive knowledge of the laws, case precedent, and court rules. Please contact us to set up a consultation today. Our Daytona Beach civil rights lawyers can discuss specific strategies, and some background information puts things into perspective.
Prisoner’s Have Rights Under US and Florida Law
Correctional officers have a duty to protect the health, safety, and welfare of inmates in their custody. This obligation may give rise to legal action if authorities violate the prisoner’s rights to:
- Be detained in humane, secure living conditions;
- Proper infectious disease control, a particular concern for COVID-19;
- Be free from sexual misconduct and abuse;
- Receive medical treatment for injuries, ailments, and pre-existing conditions;
- Be held in a facility that protects physical safety;
- Express concerns about prison conditions; and
- Request reasonable accommodations under the Americans with Disabilities Act.
Clearly, these and similar civil liberties also include the right to be free from police brutality. Correctional officers may engage in serious acts of physical torture, deprivation of basic human needs, and excessive use of force.
Legal Options for Civil Rights Violations
In the event of misconduct by police, correctional officers, and other law enforcement, a prisoner has legal remedies. Typically, a close family member would take action on behalf of the inmate by filing a civil rights lawsuit. The O’Mara Law Group advocates on behalf of those who suffer harm for violations of the law, and we are prepared to seek damages for:
- Medical costs to treat injuries;
- Pain and suffering; and
- Punitive damages, in a case involving willful, intentional misconduct.
Plus, our Daytona Beach civil rights attorneys are adept in seeking equitable relief. Monetary damages are not sufficient as compensation if the conditions which violate your civil rights are not corrected. We may obtain an order directing the facility to cease misconduct or implement appropriate protections for your civil liberties.
A Daytona Beach Civil Rights Lawyer Will Pursue All Legal Options
From the above, you can see that many of your civil rights are not eliminated regardless of whether you are in custody. To learn more about your remedies, please call O’Mara Law Group at 407-634-6604 or go online to schedule a consultation. A Florida civil rights attorney can provide personalized details about your case after reviewing your situation.