Yes, Denver inmates do have constitutional rights (but not all of them)

Nov 1, 2016 | Civil Rights Law

In Denver, and throughout Colorado, going to prison means forfeiting several rights. However, this doesn’t mean that Colorado inmates lacks basic human and Constitutional Rights. For instance, the U.S. Constitution protects prisoners from sexual abuse, cruel and unusual punishments, discrimination, and other types of abuse. The Constitution also states that prisoners have the right to complain about prison conditions, to access necessary medical and mental health care, and to ask for reasonable accommodations under the Americans with Disabilities Act.

Unfortunately, Denver inmates have been subject to abuse and rights violations before, and it’s essential to have a competent and experienced Denver civil rights attorney to stand by their side and hold responsible individuals accountable for their actions. If you or a loved one was a victim of rights violations in Colorado prisons or jails, call the Civil Rights Litigation Group today at 720-515-6165.

What rights do Colorado inmates have?

Historically speaking, prisoners were sometimes treated with as little dignity as possible, whereas some prisons turned a blind eye to abuse and extreme violence, sexual abuse and rape, forced labor, and so on. Even today, horror stories will occasionally come out of our nation’s prisons, illustrating institutionalized abuse and rights violations. The U.S. Constitution seeks to provide a humane way of imprisonment, and most prisoner’s rights laws relate to fundamental human rights and civil liberties.

Below, we’ve listed some of the most common Constitutional Rights that Denver inmates have:

• Cruel and unusual punishment — The Eighth Amendment prohibits cruel and unusual punishment, but the Amendment doesn’t specify exactly what cruel and unusual punishment entails. Generally, a cruel or unusual punishment involves abuse or torture, or anything violating a person’s dignity within discretion of the court.
• Sexual harassment and abuse — All Colorado inmates have the right to be free from sexual abuse and harassment from both prison personnel and inmates.
• Voice complaints about prison conditions — All prisoners have the right complain about prison conditions and voice their concerns to courts/
• Disabled Prisoners — Disabled prisoners are entitled to reasonable accommodations under the Americans with Disabilities Act of 1990.
• Discrimination — Inmates have the right to be free of discrimination while imprisoned.
• First Amendment Rights — Inmates can exercise their First Amendment right, such as freedom of speech and religion.
• Medical and Mental Health Attention — When necessary, Colorado inmates are entitled to adequate medical care and mental health treatment.

What rights do Colorado inmates lose?

Although prisoners are entitled to a certain degree of Constitutional Rights, they still have strict limitations. Even prisoners’ First Amendment rights, and the exercise of those rights, cannot interfere with their status as inmates. Furthermore, inmates don’t typically have a right to privacy, and they can be subject to reasonable searches and seizures. Prisoners do retain Due Process rights, and prison staff cannot deliberately deprive them of their property; however, this doesn’t apply to contraband. Furthermore, prisoners are not often subject to minimum wage laws.

What to do if your inmate rights are violated

If you or a loved one is in prison and has suffered Constitutional Rights violations, it’s essential to speak with an experienced and knowledgeable civil rights attorney as soon as possible. Due to the “us vs. them” mentality between prison personnel and inmates in some Colorado prisons, these cases need the utmost care, professionalism, and timeliness. If facing abuse, a prisoner can bring up a lawsuit to protect their rights, obtain compensation for their injuries, and seek justice for the abuse and rights violations.

Contact the Civil Rights Litigation Group today

At the Civil Rights Litigation Group, we’ve remained diligent advocates for inmates’ rights for years. We take claims of prisoner abuse very seriously, and we provide vigorous and relentless representation for our clients. To speak with attorney Raymond K. Bryant about your case, call the Civil Rights Litigation Group in Denver today at (720) 515-6165.