David S. Leigh, Esq. Discusses How Do Personal Injury Lawyers for Prisoners Uphold the Eighth Amendment
May 25, 2021 at 16:01
New York City, NY - Under the United States Constitution prisoners have specific rights despite their incarceration. David S. Leigh, Esq. is an experienced personal injury lawyer for prisoners who understands that the role of correctional officers has certain limitations under the law, but they are often not held accountable. Unfortunately, in these cases, prisoners can suffer injuries and other damages at the hands of correctional officers and the law enforcement community in general.
“What many don’t understand is that prisoners continue to have civil rights despite being not able to move about freely in society. The Eighth Amendment to the U.S. Constitution sets out the rights of those who are taken into custody and incarcerated to ensure those rights,” explained Mr. Leigh. “Prisoners are in a position where they have no personal power in how they are treated on a daily basis. This makes them very vulnerable to those in control in the system that they are imprisoned under. They are typically tucked away from eyes that can see this disparity in the system and feel like they have no control over what happens to them. Often, what happens leads to physical and mental injury.”
The Eighth Amendment reads, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” This limits the government from imposing harsh financial and physical punishment on those who are taken into custody, whether it is before their trial or after imprisonment. Yet the reality is that these infractions do happen frequently. Those who are in custody often feel powerless to say or do anything about it. Moreover, reporting such grievances can often lead to further retribution.
“Prisoners have the right to be free from discrimination, harassment, and violence from staff and other prisoners. They also have the right to medical and mental health care. Unfortunately, we have represented many whose rights have been flagrantly violated,” continued Mr. Leigh.
In New York State civil rights violations can often permeate its various correctional facilities. Prisoners can, and are often, exposed to excessive force, sexual assault, and denial of food, water, medical and psychological care. These behaviors can lead to physical and emotional injury, medical issues, and sometimes even fatality. When staff in correctional facilities engage in these civil rights violations, they can be held accountable through civil actions brought by the prisoner or their family.
Prisoners or their families should seek legal guidance from an experienced personal injury lawyer for prisoners if violations have caused injury or fatality within the New York State correctional system. To learn more about David S. Leigh, Esq., visit his website at https://www.davidleighlaw.com/personal-injury-lawyer-for-prisoners/.
For more information about David S. Leigh, Civil Rights Lawyer, contact the company here:
David S. Leigh, Civil Rights Lawyer
David S. Leigh
11 Broadway # 615, New York, NY 10004