Jail Neglect and Abuse Attorneys in Kansas City

While you may lose your freedom of movement in jail or prison, you do not lose your other constitutional rights, including the right to be free from cruel and unusual punishment. Unfortunately, that does not stop jail and prison staff from using excessive force against inmates, denying medical care, and engaging in other forms of jail neglect and abuse.   

If you or someone you care about has been abused or injured while incarcerated, our civil rights attorneys at Denning Law Firm, LLC are here to fight for your rights. Our jail neglect and abuse attorneys have extensive experience helping injured inmates and family members of those killed in jails and prisons. We help clients seek justice and obtain compensation by offering our highly-personalized and compassionate legal services.  

Denning Law Firm, LLC proudly serves those located in or around Kansas City, Missouri, as well as Kansas City and Overland Park, Kansas. 

Abuse or Neglect While Incarcerated  

Abuse and neglect in jails and prisons constitute civil rights violations. Inmates who have been abused or neglected while incarcerated can exercise their right to pursue a civil rights lawsuit against the jail or prison to recover money damages. The correctional facility could be held liable for abuse and neglect from staff or other inmates if the facility failed to prevent such abuse or neglect.  

Common forms of jail neglect and abuse that injure or kill inmates include but are not limited to: 

• Excessive use of force 

• Denial of medical care 

• Sexual assault or abuse 

• Overuse of restraints 

• Deliberate indifference to suicidal inmates 

These are just some of the forms of neglect and abuse our clients have experienced while incarcerated. At Denning Law Firm, LLC, we strongly believe that jail neglect and abuse are despicable civil rights violations. That is why we are dedicated to helping inmates and their families pursue legal action, fight for justice, and obtain the compensation they are entitled to.  

Inmates’ Rights   

A common misconception is that people lose all of their rights when they serve time in prison or jail. However, it is not true. Inmates have the following rights when behind bars: 

1. A right to receive medical care while in jail or prison (the law requires that the inmate has access to adequate medical care) 

2. A right to be free from cruel or unusual punishment while in custody (these are the constitutional rights granted by the Eighth Amendment to the U.S. Constitution) 

3. A right to be free from sexual assault, abuse, harassment, and other sexual crimes in jails and prisons 

4. A right to be free from discrimination, including discrimination based on race, ethnicity, skin color, sexual orientation, religion, and other protected characteristics 

The Eighth Amendment does not define the term “cruel and unusual punishment,” but certain types of inhumane treatment, abuse, or neglect could fit the description. Consider speaking with an experienced civil rights attorney to learn more about inmates’ rights and discuss ways to protect and assert your rights while incarcerated.   

Possible Legal Remedies for Abuse and Neglect  

You probably already know that citizens who are not being detained or incarcerated can file personal injury claims when they get injured due to negligence. But what are possible legal remedies for inmates who suffer abuse or neglect while incarcerated? 

People in jails and prisons can recover damages for their personal injuries caused by individuals, officials or correctional facilities. However, these individuals, officials and correctional facilities may be protected from a lawsuit based on immunities. Consider speaking with an experienced civil rights attorney to assist you in pursuing claims to recover damages for personal injuries you or a loved one suffered while incarcerated.   

If you wish to file a personal injury lawsuit for jail neglect or abuse that occurred while you were incarcerated, you need to be aware of the Prison Litigation Reform Act (PLRA), which creates obstacles for inmates trying to file lawsuits. Federal law requires inmates to exhaust all available administrative remedies before they are allowed to pursue a personal injury lawsuit. 

In the context of jail neglect and abuse, exhausting administrative remedies means that inmates must first attempt to resolve their complaint with the jail or prison through the facility’s existing procedures. If you file a lawsuit against the facility without first trying to resolve the issue through a grievance, your lawsuit can be dismissed.