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What rights do those locked up in jail have?

On Behalf of | Feb 16, 2018 | Firm News, Police Misconduct

While having been arrested or convicted of certain crimes can result in you being deprived of certain constitutional rights such as a right to bear arms, when it comes to others, they’re never taken away, no matter how serious of an offense you may have been charged with.

Incarcerated individuals are protected from being discriminated against because of their race. This means that individuals cannot be segregated by race, even if the argument is that it’s being done to streamline discipline or to enhance the facility’s security.

All individuals taken into custody also have a right to not be sexually harassed or asked to take part in any sexual act.

Those with physical disabilities have the right to demand that the facility they’re being housed at offers access to its facilities and programming in alignment with the Americans with Disabilities Act. Those with mental illness or short- or long-term medical conditions are supposed to be given “adequate” treatment for their conditions as well.

The facilities that prisoners are housed in are required to be humane. Any facility that would be deemed to either be unusual or cruel would be one that had an uncontrolled rat or bug problem, one without functioning toilets or that houses fire hazards.

Federal laws require prisoners to be given a right to voice any concerns over their housing or treatment and to have a hearing in the matter. Before an inmate is eligible to file a formal grievance in federal court about their ill treatment, though, certain Prison Litigation Reform Act (PLRA) guidelines must be met.

It requires them to first see their case though the internal grievance process where they’re being housed. Additionally, if a hearing is scheduled regarding a prisoner’s ill treatment, then the onus falls on the inmate to pay his or her own filing fees. Additionally, he or she is entitled to three opportunities to present their case by paying their filing fee in monthly installments.

When a judge decides that their efforts are frivolous on three different occasions, then the full filing fee will have to be paid before future hearings can be scheduled. The filing of such a lawsuit may result in an inmate losing credit for good behavior or time served also.

If you’ve been ill treated by a law enforcement officer, then a Detroit police misconduct attorney can advise you of legal avenues you may pursue.

Source: FindLaw, “Rights of Inmates,” accessed Feb. 16, 2018