When you have a relative in jail, you assume they have some protections. While inmates do not have the same rights as those people outside of prison, they must be safe from negligence, cruel and unusual punishment, and protection from other inmates.
When a death occurs while someone is in jail, the family is left wondering how and why it happened. Another question is whether there was anything that correction officers could have done to prevent the death. It is imperative that you speak with a Pheonix jail suicide attorney from Zanes Law.
Prisoner Rights in Arizona
Being a prisoner does not mean that your loved one should be neglected. Prisoners have fundamental human rights when they are in jail. They are human beings and have certain rights even though they may have broken the law. Arizona is under fire because the prison system is not adhering to prisoners’ rights even when there are court orders in place. A 2022 ruling found that the state prison system inherently violates inmates’ constitutional rights.
The Right to Adequate Medical and Mental Health Care
Prisoners have the right to adequate medical and mental health care. They also should have humane conditions of confinement. The reality is inmates are getting neither and are instead not receiving any mental health care or are in degrading living conditions. Solitary confinement has become cruel due to negligence and inattention. These inhumane conditions have led to countless deaths over the past decade.
The lawsuit filed by the ACLU proves that inmates in Arizona jails are suffering from:
- Preventable deaths
- Excruciating pain
- Gruesome permanent injuries
- Inadequate healthcare staffing
- Psychological trauma from isolation
- Cruel conditions of isolation accommodations
- Permanent solitary confinement of mentally ill individuals, making their conditions worse
Falsification of Documents
One way jail staff can cover up these incidents is by falsifying documents. When prisoners file complaints, they are ignored and written off as the inmate being delusional. Most concerning are these inmates requesting medical care and being told they are making it up. Even when inmates get medical evaluations, the recommendations sent to the jail are ignored, making their conditions worse.
Many times inmates do not receive access to showers, food, or recreation, which is vital to their physical and mental well-being. While there is a preponderance of evidence that these issues are happening in our jails, it is still challenging to bring a successful lawsuit unless you have a Phoenix jail suicide lawyer on your side.
For a free legal consultation with a jail suicide lawyer serving Phoenix, call 866-499-8989
Wrongful Death in Jail
In jail, the leading cause of death is suicide. Liability is complex, but you can file a lawsuit against the Department of Corrections, the city, and other leaders in charge of these facilities. Some cases still base their claims on deliberate indifference. Unfortunately, this theory requires that someone must have known that an action should have been taken and they did not. It does not require proof of intent.
Lawsuits Against Correctional Officers
Families looking to file a lawsuit against correctional officers must show that these parties failed to do what was necessary to prevent an inmate’s suicide. When an inmate has a mental illness or is on suicide watch, the correction officer must have additional check-ins and be alert to the prisoner. When they fail to do so, it results in jail suicide.
In recent years, more laws and doctrines regarding prisoner assault and suicide have come to pass. It is the responsibility of jails and officers to keep prisoners safe. They cannot ignore the needs of human beings, no matter what the crime is. While there are doctrines in place, it does not override the constitution.
Since Arizona has systemic concerns, the legal options are much different than elsewhere. When a facility violates a prisoner’s rights, they must be held accountable for the untimely death of the inmate.
Harm to Inmates
There are many ways that negligent corrections officers can contribute to or cause an inmate’s death. There have been cases where a loved one died from a suicide, but it was actually due to an officer’s negligence. When a loved one dies in police custody, it is difficult for the family.
You have options to file a lawsuit against the institution that intentionally put your loved one in harm’s way or inflicted injury on them. In Arizona, the immediate family can file a wrongful death claim without needing an estate representative. You will need to hire a jail suicide attorney in Phoenix to ensure you have protection for the entire process.
Phoenix Jail Suicide Lawyer Near Me 866-499-8989
Unconstitutional Detention of People with Mental Illness
People who have a mental illness can commit crimes, but there has been a growing problem in the jail system regarding imprisonment options. When an individual is booked into jail and they have a mental illness, there are additional procedures the jail must take to ensure their safety. They must conduct additional wellness checks and place inmates in danger on suicide watch. Officers must also be up to date in their CPR training which is a prevalent issue.
When inmates have a mental illness, a court order requires the facility to medicate them daily. Since inmates are under the state’s care, they cannot take responsibility for taking their medication, mainly because they do not have access. Unfortunately, jail staff does not always administer the medicines, which can cause a person’s condition to worsen and result in erratic behavior and suicide.
There are two possible legal avenues available for those with mental illness who are not getting the treatment they need in jail. As some families have done, you can file a wrongful death lawsuit and a constitutional violation suit. You will need the expertise of a Phoenix jail suicide attorney.
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Get Legal Advice Immediately
Many families do not file a suit because they do not believe their incarcerated loved one has any rights, but that is not true. If their death or suicide resulted from someone acting negligently, you could hold the jail and others accountable through a lawsuit. You will need a jail suicide lawyer in Phoenix to investigate the circumstances of the suicide or wrongful death so they can hold negligent parties responsible for the negligent actions.
Zanes Law is ready to help after the death or suicide of an incarcerated loved one.
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