Carceral Law

A conditions-of-confinement claim may be appropriate when the regular conditions in a jail or prison are so severe that they violate the Eighth or Fourteenth Amendments to the Constitution.

Solitary confinement, also referred to as “administrative segregation” or “restrictive housing,” is a commonly used practice in U.S. prisons. Although legal precedent is sparse, some claims against the most severe uses may be successful.

People who are incarcerated retain some measure of their First Amendment rights. While some claims hold a stronger likelihood of success, if a prison improperly curtails these rights, generally, a plaintiff may seek redress in court.

People who are incarcerated retain a fundamental right to access the courts and may have a valid claim if prison officials block or limit that right.

People who are incarcerated may bring claims challenging ongoing violations of proper medical care, or risks of likely future harm, if the required elements are satisfied. Keep in mind, the relevant standard of care is lower than the standard of care for non-incarcerated people.

Specific instances of force by prison officials may violate the Constitution when used against a person incarcerated for a conviction or as a pretrial detainee.