One of the most sacred rights we hold in America is our freedom. Once the government has taken that right from you, the government has the full responsibility for that person’s safety. If someone in custody is injured or dies due to neglect or abuse from medical staff, jail guards, police, or other jail staff, then that institution may be financially liable.
No matter the situation, people held in custody have certain rights, including:
- The right to medical care that is the same quality as the surrounding community
- This includes emergency medical treatment for life threatening conditions like detox
- The right to humane facilities, conditions and treatment
- The right to appropriate mental health care
- The right to be free from sexual crimes
- The right to be free from racial segregation
These rights are protected by the 8th amendment of the United States Constitution: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.” There are also state laws, both constitutional and statutory that protect people held in custody.
If you or someone you know has been injured or died while in a prison, jail, detention center, or police custody contact us today. You may be entitled to compensation and our experienced personal injury attorneys at McCoy, Hiestand & Smith can help. Our attorneys work on a contingency basis because we stand behind our work and promise to do everything we can to help our clients.