Prisoner Rights Attorneys in New York

These cases require more than general litigation experience. They demand an understanding of correctional systems, constitutional law, administrative procedures, and the realities incarcerated populations face when trying to assert their rights. We approach these cases with the seriousness they deserve, preparing every step with careful investigation and legal analysis.

Prisoner Rights & Violations

Although incarceration limits certain freedoms, prisoners retain important constitutional and statutory rights. These rights include protections against cruel and unusual punishment, access to adequate medical care, freedom of speech and religion, and protection from excessive force and unlawful isolation, among others.

Prison rights violations often occur when:

• Correctional officers use excessive or retaliatory force
• Prison officials ignore serious medical needs
• Prisoners are placed in segregation or SHU without justification or due process
• Disciplinary hearings are conducted unfairly or unlawfully
• Individuals are punished for exercising protected speech or religious practices

When prisons and the corporations that often manage them fail to uphold these obligations, the consequences can cause severe physical and psychological harm. When legal action is justified, Barket Epstein Kearon Aldea & LoTurco, LLP will be ready to stand up for the rights of prisoners across New York.

Taking Legal Action After Prisoner Abuse

If you or a loved one has suffered abuse while incarcerated, there may be several avenues for legal action depending on the facts of the case. Allow our legal team to help you explore those options. For example, constitutional claims, administrative proceedings, and civil rights lawsuits seeking damages or injunctive relief could all be possible.

We proudly help our clients by:

• Investigating incidents of abuse or mistreatment
• Identifying violations of constitutional or statutory rights
• Navigating internal grievance systems and court procedures
• Challenging unlawful policies or disciplinary actions
• Pursuing litigation when necessary

Each case is different, and the appropriate strategy depends on the nature of the abuse, the facility involved, and the remedies sought. Thanks to our extensive resources and experience, we can create fully personalized strategies to protect your rights. 

What Can a Prisoner Rights Lawsuit Do?

A successful prisoner rights case may result in meaningful remedies to the abuse or discrimination, depending on the circumstances of your case.

For example, some successful prisoner rights cases have secured:

• Financial compensation for physical injuries, emotional distress, or unlawful confinement
• Court orders requiring changes to unlawful policies or practices
• Expungement of disciplinary records
• Relief from improper segregation or classification
• Greater access to medical care or religious accommodations

While no lawsuit can undo past harm, legal action can help establish accountability and create lasting change. You deserve fair treatment while incarcerated, and we are ready to fight for it, just as we have for many others in New York’s incarcerated population.

Prisoner Rights FAQs

Do prisoners really have constitutional rights?
Yes. While incarceration limits certain freedoms, prisoners retain constitutional protections, including rights under the Eighth and First Amendments, among others.

Can family members take action on behalf of an incarcerated loved one?
In some situations, family members may be able to assist or pursue claims and lawsuits filed on behalf of an incarcerated person, particularly where abuse results in serious injury or death. The specifics depend on the circumstances and applicable law, which we can look into for you.

How long do I have to file a prisoner rights claim?
Time limits vary depending on the type of claim and jurisdiction. Some prisoner rights cases in New York have a three-year statute of limitations from the date of the last incident of abuse. Other cases may have a much shorter deadline, possibly as few as 90 days, which can occur when a government agency is the defendant.

Talk to a Prisoner Rights Attorney from Our Firm Today

Challenging prison abuse takes resolve, experience, and a willingness to confront powerful institutions. At Barket Epstein Kearon Aldea & LoTurco, LLP in New York, we are committed to standing up for incarcerated people whose rights have been violated and to pursuing justice through the legal system. After all, it is important to protect the rights and dignity of everyone, especially those in one of the most underrepresented demographics. 

If you believe you have been harmed by prisoner abuse or discrimination, contact us online or call (888) 779-0267 to discuss your situation and possible next steps.