The concept of civil rights is fundamental to ensuring the protection of individuals’ liberties, regardless of their background or circumstances. Even within the walls of correctional institutions, the rights of prisoners should be upheld and respected. Unfortunately, the reality is that civil rights violations in prisons are common. This blog post aims to shed light on how prisoners’ civil rights are violated and the types of violations that frequently occur within the correctional system.
Understanding Prisoner Civil Rights
Before I begin, it’s important to recognize that civil rights are inherent to all individuals, even those who are incarcerated. Civil rights are designed to safeguard prisoners from cruel and inhumane treatment, provide access to healthcare, maintain personal dignity, and ensure their safety and well being. While being deprived of liberty is the punishment for one’s criminal activities, prisoners shouldn’t be subjected to additional violations of their civil rights, but they are.
How Are Prisoner Civil Rights Violated?
Civil rights are violated when guaranteed rights are denied or suppressed. This can happen from the actions of a correctional officer acting outside the bounds of a prison’s policies or guidelines, such as physically assaulting an inmate. It can also occur when an institution enacts a policy or rule that is contrary to, or overly restricts, a protected constitutional right.
Why Are Prisoner Civil Rights Violated?
A prisoner’s civil rights may become violated purposefully or inadvertently. A corrections officer utilizing excessive force out of anger or hatred towards a prisoner due to their incarceration status would be an example of a purposeful violation. Conversely, a prison administrator enacting a overly restrictive mail policy may not have “intended” to violate the prisoners’ civil rights. Regardless of the reasoning, both examples would be a violation of a prisoner’s civil rights and against the constitution.
Now, let’s look at some of the most frequent civil rights violations occurring to prisoners:
Inadequate Healthcare for Prisoners
One of the most significant violations faced by prisoners revolves around inadequate healthcare. In the Supreme Court’s landmark case of Estelle v. Gamble, 97 S.Ct. 285 (1976) prisoners have a constitutional right to receive medical care that meets the minimum standards of the Eighth Amendment, which prohibits cruel and unusual punishment. However, many prisons suffer from overcrowding, understaffing, and budget constraints, resulting in subpar medical services. This can lead to delayed or denied treatment, exacerbating existing health conditions and, in some cases, even leading to preventable deaths.
Prisoner Abuse and Brutality
Physical abuse and brutality are violations that have received significant media attention over the years. Instances of excessive force by prison staff against inmates have surfaced, raising concerns about the lack of accountability and transparency within the system. These violations not only harm the prisoners physically but also leave lasting psychological scars, affecting their chances of successful rehabilitation upon release.
Every person, including an incarcerated felon, has the right to be free from the fear of offensive bodily contact. It has generally been recognized that prison officials are permitted to use force against prisoners in five situations:
- self-defense
- defense of third persons
- enforcement of prison rules and regulations
- prevention of escape and,
- prevention of crime.
Prisoners also maintain the right to be free from harm from other prisoners. In Farmer v. Brennan, 114 S.Ct. 1970 (1994) the Court ruled the Eighth Amendment to the Constitution mandates that prison officials maintain humane conditions of confinement and take reasonable measures to guarantee the safety of prisoners. Their duty includes protecting prisoners from violence at the hands of other prisoners. Recognizing that prisons are dangerous places because they house dangerous people in congested conditions, the Court stated: “Having stripped prisoners of virtually every means of self-protection and foreclosed their access to outside aid, the government and its officials are not free to let the state of nature take its course.”
Religious Restrictions of Prisoners
The First Amendment to the United States Constitution states in part that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” However, for the prisoner, this right must be balanced with the safety and security considerations of the prison environment. This impossible situation was finally resolved by Congress in 2000, with the enactment of the Religious Land Use and Institutionalized Persons Act (RLUIPA).
Under the RLUIPA, once a prisoner produces prima facie evidence to support a free exercise violation, the prisoner bears the burden of persuasion on whether the regulation substantially burdens his exercise of religion, and the state then bears the burden of persuasion on all other elements. To learn more about this right, read my post: What is RLUIPA
Prolonged Solitary Confinement of Prisoners
While solitary confinement is sometimes necessary for security reasons, its excessive and prolonged use can become a form of psychological torture. The United Nations considers solitary confinement exceeding 15 days as a violation of international human rights law. Prolonged isolation can lead to severe mental health issues, such as anxiety, depression, and suicidal tendencies, making it a concerning violation of prisoners’ rights.
Inadequate Nutrition and Hygiene for Prisoners
Prisoners are entitled to a basic standard of living, which includes adequate nutrition and hygiene. However, due to budget constraints or mismanagement, some prisoners are provided with substandard meals or lack of access to proper sanitation facilities. This not only impacts their physical health but also undermines their dignity and self-worth.
Prisoner Discrimination
Prison populations can consist of individuals from marginalized communities making them susceptible to discrimination and profiling within the correctional system. Biased treatment based on race is a form of discrimination that violates prisoner civil rights and can perpetuate social injustices.
An institutional facility may also house prisoners with physical disabilities and/or mobility limitations. These individuals are prone to civil rights violations due to a lack of ADA compliant accommodations such as wheelchair ramps, handicap accessible showers, restroom facilities, or special accommodations for the blind or hearing impaired.
Restrictions on Freedom of Expression for Prisoners
Freedom of expression is a fundamental civil right that can become improperly restricted within the prison environment. The Supreme court held in Turner v. Safley, 107 S.Ct. 2254 (1987), that while there may be some limitations on communications to maintain security, overly restrictive policies on correspondence, visitation, and access to information can infringe upon prisoners’ right to express themselves and maintain connections with their loved ones.
Prisoner Retaliation
Lastly, the civil rights of prisoners can be violated through retaliation when they “complain” that their civil rights are being violated. Prisoners who lodge complaints with prison administration can experience retaliation from staff which materialize in the form of a prison job loss, mail interference, excessive searches, prison transfers, unfounded disciplinary violations or even physical assaults.
Enforcing Prisoner Civil Rights Through Section 1983
Unfortunately, it sometimes takes litigation to enforce the protection of civil rights. State prisoner civil rights actions are typically initiated under 42 U.S.C. §1983. I have another blog post, Section 1983 and Inmate Rights, discussing this statute and how it is used by incarcerated individuals to enforce constitutionally guaranteed rights and hold government officials accountable for denying those rights.
I also have a blog post wherein I share the Top Ten Supreme Court Cases Involving Prisoner Rights. If you have a friend or loved one who is incarcerated and being denied their guaranteed rights, send them that blog posting or consider purchasing them The Colossal Book of Civil Citations. This book contains all the relevant topics to successfully litigate a Section 1983 lawsuit. Our books are in stock and ready for immediate shipping to you or someone incarcerated.
My Final Thoughts
Ensuring the protection of prisoner’s civil rights is crucial for a just and humane criminal system. Despite being incarcerated, prisoners are entitled to fundamental civil rights that must be upheld to prevent further harm and suffering. By addressing issues such as inadequate healthcare, abuse, prolonged solitary confinement, inadequate nutrition and hygiene, discrimination, and restrictions on freedom of expression, we can strive for a more equitable and rehabilitative prison environment.
To achieve these goals, collaboration between policymakers, prison authorities, advocacy groups, and society as a whole is essential. Increased transparency, accountability, and resource allocation can play a significant role in reducing civil rights violations within the correctional system.
If you enjoyed the content of this post, I encourage you to read my other posts, Understanding Prisoner Rights: Upholding Dignity and Justice Behind Bars and Prisoner Rights: Empowering Humanity Through Justice and Dignity