INMATE CIVIL RIGHTS

Civil Liberties apply to those who aren't free

At the Law Office of Andres R. Guevara, we firmly believe in defending the rights of all individuals, incarcerated or not. Just because inmates and prisoners are behind bars doesn’t mean they should be denied their civil rights. In fact, the truth is quite the opposite—as soon as a citizen is taken into police custody, police authorities owe that individual an appropriate level of care.

We will fight against the corrupt systems and ineffective, discriminatory “anti-crime” policies which too-often put good people behind bars.

Our Colorado civil rights lawyers are dedicated to defending the rights of every single person—innocent, guilty, accused, free, incarcerated, or on the streets— and we will use our legal powers to fight against and check the abuses of power that permeate the American prison system.

If you or someone you love has had their basic, human civil rights stepped on while in jail or prison, we’re here for you. Our civil rights lawyers will handle inmate civil rights cases involving: excessive force in custody, failure to protect, suicide in custody, and physical and mental health care in prison.

Our Denver civil rights lawyers handle inmate civil rights cases concerning:

Failure to Investigate

We believe even an incarcerated individual deserves the same protections as someone who is free. Unfortunately, that’s not the case. In fact, when it comes to excessive force, the law applies different amendments to alleged victims, depending on their custodial status. That means the law works differently for excessive force claims when it comes to an incarcerated convict, a pretrial detainee, and a free person.

In general, a pretrial detainee is protected under the 14th Amendment’s right to substantive due process. If you or a loved one were a pretrial detainee, and believe you may have a case of excessive force in custody on your hands, the official’s use of force must be “conscience-shocking” in order to obtain a judgement in the victim’s favor. Furthermore, there are two separate culpability standards depending on whether the situation was an emergency or not.

On the other hand, an incarcerated convict is protected under the 8th Amendment’s cruel and unusual punishment clause. The “excessive force” an official imposes upon an incarcerated individual must be proved to be, “maliciously and sadistically with the very purpose of causing harm” in order for the officer’s actions to violate the Constitution.

Despite your status, our law firm believes in protecting your right against excessive force. If you’ve been the victim of excessive force in custody, you have the right to file a complaint and request an investigation into the police officer’s actions.

Excessive police force can have a profound, devastating effect on your life, is an abuse of power, and a violation of your civil rights. Your life, health, and wellbeing should not be endangered by a person of power. It’s important to understand your rights, find a lawyer to be your advocate, and seek the compensation you deserve if you believe you’ve been a victim of excessive police force.

Failure to Protect

Just as police officers have a duty to serve and protect, correctional facilities and their employees have a duty to protect inmates from violent assaults by other inmates.

If you or a loved one were incarcerated and believe a prison official committed the crime of failure to protect, our Colorado civil rights lawyers are here to pursue the justice you’re owed. Failure to protect is an inmate’s civil right issue that’s grounded in the Eighth Amendment’s prohibition on cruel and unusual punishment. An individual commits this crime if he is deliberately indifferent to conditions that pose a substantial risk of serious harm to an inmate

Physical and Mental Health Care in Custody

If you or your loved one has not received adequate medical attention or care while in prison or jail, and this negligence resulted in a serious injury, you may have a civil rights claim.
Our civil rights lawyers are dedicated to protecting the lives and rights of all individuals, including those behind bars.

We’re here to help victims of negligent medical care in prison or jail to get the compensation and restitution they deserve. We’ll help you file a lawsuits when:

  • Health care providers, guards, or other authority figures interfere with necessary medical treatment
  • Medical care or treatment is intentionally delayed or withheld

Prison or jail officials and police departments can only be held liable when it can be proven that “deliberate indifference” was involved. This occurs when there is an intentional failure by these individuals to provide an inmate with the necessary medical care for a serious injury or illness.

Suicide in Custody

When an individual commits suicide in custody, there is a slew of unanswered questions. Our Denver, Colorado civil rights lawyers will get you the answers and closure you need if your loved one takes their life while in custody, such as in a prison, jail, or holding cell at a police station. If it turns out the correctional facility, police department, or a specific individual is liable, we’ll make sure you get the financial support and justice you and the deceased deserve.

When someone commits suicide in custody, it’s vital to investigate whether the inmate received proper care, attention, and supervision while in the facility.

Colorado police officers and employees of Colorado correctional facilities should be trained to notice the signs and symptoms that indicate a person may be suicidal. However, far too often they often overlook these tell-tale signs, and prison health care providers, police officers, and the guards of correctional facilities fail to provide suicidal inmates with the support they so desperately need.

If you believe your loved one didn’t receive proper care and supervision while imprisoned, and this resulted in suicide, the Law Office of Andres R. Guevara will help you get justice for the deceased, hold the negligent parties accountable for their actions, and obtain compensation.

Civil Rights Law FAQ

Have you or a loved one experienced a violation of inmate civil rights? Are you curious about how to proceed if you’ve been a victim of excessive force, were denied medical attention in custody, or unsure if you have an inmate civil rights case? Take a look at our FAQ to find answers to these important questions.

Civil Rights are Human Rights

Contact our Denver law firm today for a free consultation with our civil rights attorneys and start strategizing how we can enact change, get justice for inmates whose civil rights have been denied, and fight against corruption.

*Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.