In the context of prisoner abuse, a violation of the Eighth Amendment occurs when an inmate endures cruel and unusual punishment, such as physical abuse by correctional officers. This includes any excessive force or harsh conditions that are deemed unconstitutional. The Fourteenth Amendment violation involves the denial of due process,…
Inmates have a constitutional right to adequate medical treatment, protected under the Eighth Amendment. This includes protection from deliberate indifference to serious medical needs. While the scope of this right is subject to limitations and considerations of prison administration, such as cost and security, authorities are obligated to provide essential…
In Rivera v. Westchester County, 188 Misc. 2d 746 (N.Y. Sup. Ct. 2001), defendants County of Westchester, Joseph Stancari, Officer Savino, and Sergeant Rushin were faced with allegations regarding their treatment of a pretrial detainee, Ivan Figeroa, Jr., who tragically died by suicide while in custody at the Westchester County…
A writ of habeas corpus is a legal petition filed by a person who is detained or imprisoned, challenging the legality of their detention. The purpose of a writ of habeas corpus is to bring the detained individual before a court or judge to determine whether their imprisonment or detention…
Despite widespread misconceptions, prisoners do have rights protected under the Constitution, particularly under the Eighth Amendment, which prohibits cruel and unusual punishment. This includes the right to be free from conditions that pose a substantial risk of harm, access to necessary medical care, and protection from violence by other inmates…
Even when people are incarcerated, they retain rights. Under the Eighth and Fourteenth Amendments of the U.S. Constitution, prisoners in New York, as in other states, are entitled to certain rights aimed at protecting them from cruel and unusual punishment and ensuring due process of law. The Eighth Amendment prohibits…
Inmates are protected from the use of excessive force by various laws and regulations at both the federal and state levels. One significant federal statute is the Eighth Amendment to the United States Constitution, which prohibits cruel and unusual punishment, including the use of excessive force by correctional officers. This…
In the case of Albert Rodriguez v. The City of New York et al., the plaintiff alleged that he slipped and fell on a wet floor at the Anna M. Kross Center correctional facility on Rikers Island, where he was incarcerated. He claimed that the dangerous condition was caused by…