New York Jail Death & Abuse Lawyers

Santana Law Firm is an award-winning New York City law firm that represents incarcerated people and families who have suffered civil rights abuses—including excessive force, sexual assault, and wrongful death—in NY jails and prisons. Based in Manhattan and the Bronx, our experienced civil rights lawyers have helped clients throughout the NYC metro area successfully file state and federal lawsuits and recover the compensation they deserve.

The United States has the highest rate of incarceration in the world. Out of 2.3 million prisoners, 21% say they’ve been assaulted by prison staff. That’s nearly half a million victims of jail abuse—and that’s just one of many civil rights violations that inmates can face while incarcerated. Numerous studies have shown that America’s jails and prisons are rife with abuses of power, violence, and inhumane treatment that can lead to severe injury, chronic illness, mental health issues, and even death.

Prison guards, police officers, and other state officials do not have the authority to violate your rights just because you are incarcerated. If you or a loved one has been injured or killed while in police custody after an arrest or conviction, you might be able to file a lawsuit and pursue financial damages.

Santana Law Firm has been taking on New York City’s toughest jails for more than 20 years. As former Brooklyn prosecutors, we know all too well the misconduct that occurs within the city’s criminal justice system. That’s why we’re determined to help our clients hold brutal law enforcement officers accountable and obtain the highest damages possible. We may be able to help you do the same.

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NY Prisoners Are Protected By the Constitution

People don’t lose their civil rights and liberties once they enter prison or jail. Although some rights, such as the right to vote, may be impacted by certain convictions, the vast majority of rights established by federal law and the U.S. Constitution remain in place even when a person is incarcerated.

People in jail have the right to:

1Live in humane conditions
2Receive medical and mental health care
3Receive nutritious food that meets medical and religious needs
4Practice their religion
5Receive accommodations for disabilities
6File complaints about treatment while in custody
7Live free from violence, sexual harassment, and discrimination
8Not be killed by prison staff

Contact our office today for a consultation.

Examples of Jail Civil Rights Violations

The most horrific in-custody rights abuses result in physical harm, emotional trauma, and death in the most serious cases. Incarcerated people should not be subjected to this mistreatment.

That said, civil rights violations are not always violent. Being prevented from seeing a lawyer, receiving verbal threats or discriminatory comments, and being harshly disciplined without due process are civil rights violations as well.

Law enforcement may also violate your rights by not acting, which is known as deliberate indifference. For example, if prison guards ignore your request for medical attention and your condition becomes more serious than it would have had you seen a doctor when you first asked, that is a form of deliberate indifference.

Common prison civil rights abuses in NYC institutions include:

Who Can You Sue for Police Custody Rights Violations?

You may be able to sue multiple parties responsible for in-custody rights violations. An experienced NYC jail abuse lawyer will carefully review your case and identify the best course of action to maximize your potential compensation.

You may be able to sue:

  • Police and corrections officers
    Police and Corrections Officers
  • Sheriff's departments
    Sheriff's Departments
  • Jails and prisons
    Jails and Prisons (federal, state, or private)
  • Jail medical providers
    Jail Medical Providers
  • Cities, Counties, & Government Agencies
    Cities, Counties,
    & Government

Santana Law Firm

can help you navigate the complex process of filing an in-custody rights violation lawsuit and recover compensation for your pain and suffering.

Filing a Jail Abuse Lawsuit

If you believe your rights or the rights of a loved one have been violated while in custody, you may be able to file a lawsuit. A skilled civil rights lawyer can evaluate your case, determine the best course of action, and estimate the monetary damages you may recover. At Santana Law Firm, we provide free, confidential consultations to inmates and family members who are interested in pursuing legal action.

When you are considering filing a lawsuit, it is imperative that you take action as soon as possible. Under New York law, a claimant must file a Notice of Claim within 90 days from the incident of abuse or injury. After that, the claimant has one year to file a summons and complaint (i.e., the document that initiates a lawsuit against the defendants).

If you allow these deadlines to pass without taking action, you cannot file a lawsuit. This is why it’s so important that you find a trusted lawyer as soon as you believe your rights have been violated.

In a lawsuit, you may be entitled to compensation to cover the cost of:

  • Wrongful death
    Wrongful death
  • Pain and suffering
    Pain and suffering
  • Disability
  • Disfigurement
  • Medical costs
    Medical costs
  • Mental health treatment
    Mental health treatment

What Will a Jail Death Lawyer Do for Me?

Not every case of unfair treatment in jail is a civil rights violation. However, we believe every case of potential in-custody rights abuse deserves an independent investigation. Our team of lawyers and investigators frequently uncover misconduct and neglect that led to needless death and injury.

The Santana Law Firm Team Will:

  • 1Begin working immediately to preserve your right to file a lawsuit.
  • 2Investigate your case and gather evidence to support it.
  • 3Review the prison or jail to uncover a pattern of violations.
  • 4Work with investigators and experts to develop a strong argument on your behalf.
  • 5Hold violent corrections officers accountable.
  • 6Position you to receive the maximum compensation.

Contact our office today to discuss your legal options during a confidential case evaluation. Our lawyers are ready to advocate for jail abuse victims and their families.