Can You Sue Someone in Jail?
The answer to “Can you sue someone in jail?” is yes. Sexual abuse in a correctional facility is illegal under state and federal law.
Every individual has the right to live free from sexual abuse, including an incarcerated person. If you were assaulted while incarcerated, an experienced attorney from our firm will help you navigate prison grievance procedures and the court system. Contact us today for a free consultation about your legal rights.
What Civil Rights Protect Incarcerated People From Sexual Abuse?
An individual does not lose their rights when they enter prison, and they have the right to file jail sexual abuse lawsuits under several federal laws.
In Farmer v. Brennan, the US Supreme Court ruled that prison sexual abuse is considered cruel and unusual punishment under the Eighth Amendment.
Instead of suing someone individually, lawyers employ the “deep pockets strategy” by suing institutions in prison or juvenile detention center sexual abuse lawsuits. Incarcerated individuals do not typically have the money to pay damages, so we are more likely to secure justice through institutional lawsuits.
Section 1983 of the Civil Rights Act allows individuals to sue government agencies, including prison officials, for injuries arising from violations of their rights (42 U.S. Code § 1983). That includes violating the Fourth Amendment, such as police searching a person without a court order, as well as failing to prevent harm to an individual in their care.
Filing a lawsuit against an institution requires proving deliberate indifference, such as ignoring abuse reports. A prison may also be deliberately indifferent if it fails to train and supervise its staff.
Sexual relationships between incarcerated people and a staff member are also considered harm, even if the staff member insists it was consensual. Per the Prison Rape Elimination Act, prison staff cannot engage in relationships with prisoners due to the power imbalance (34 USC Ch. 303). As such, any sexual contact that happens between a prisoner and a staff member is grounds for a lawsuit.
Before a case can proceed to state or federal court, inmates must exhaust all administrative remedies (42 U.S. Code § 1997e). In addition to securing information such as medical records and witness testimony, our firm will gather records of your complaints to present to a judge and jury.
Can Sexual Abuse Victims File a Lawsuit While the Perpetrator Is Incarcerated?
Yes, abuse victims can initiate civil and criminal sexual abuse cases against an incarcerated person. These are two separate legal processes.
A criminal lawsuit is designed to punish the person, such as by extending their prison sentence. Prosecutors must prove beyond a reasonable doubt that the prisoner violated the victim through strong evidence.
In contrast, a civil lawsuit seeks monetary damages for medical bills, therapy, or pain and suffering. The burden of proof is lower and only requires a preponderance of evidence. We will prove that the assault occurred by using information like medical reports, witness statements, and jail surveillance footage, and then show the extent of your injuries.
What If Both the Victim and the Perpetrator Are Incarcerated for the Same Crime?
Inmates who have been convicted of the same crime as the defendant still have the legal right to sue for damages. In this case, a sexual abuse lawyer will typically make a civil claim against jail and prison officials for demonstrating deliberate indifference or ignoring grievance procedures.
In some cases, such as if the abuse continued for a long period of time or was perpetrated by a staff member, the institutional defendant may be forced to pay punitive damages. We can also use state law, such as the failure-to-report incident provision (730 ILCS 5/3-2.5-61), as evidence.
Our attorneys understand that the legal system may be prejudiced against individuals with a criminal record. By employing federal and state law, as well as strong evidence, we will protect your right to a fair trial and ensure that you are treated fairly.
Book a Free Consultation
Everyone, whether incarcerated or not, has the right to safety and freedom from abuse. Injury Lawyer Team is here to support you and ensure you receive the care you need to heal.
We handle sexual abuse lawsuits on a contingency fee basis: no fees unless we win. To schedule a free consultation with our compassionate attorneys, call us at 866-757-6452 or use our online contact form.
All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.