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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118689
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Legal....... inmates rights, and what are c.o's, sargeants,

Customer Question

Legal....... inmates rights, and what are c.o's, sargeants , captains ect allowed to get away with in prison
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

They are not allowed to engage in unjustified physical abuse of inmates, that would be cruel and unusual punishment in violation of the 8th Amendment of the US Constitution. However, you need to realize too that if you read the 13th Amendment, slavery was abolished EXCEPT for those convicted of criminal acts. So short of actual physical abuse or denial of basic medical care, the prison employees may do pretty much anything else.

If they are using unjustified force and the inmate is not resisting that is unlawful. There is no legal right of an inmate to receive mail, that is a privilege and not a right. They do have to make sure that a prisoner is fed properly, but there is no law that says that means 3 meals a day either.

However, the use of force is an issue and if you are getting nowhere with the warden, then filing a complaint with the US Department of Justice Civil Rights Division is the next appropriate step for them to investigate.