New York Prisoner Abuse Lawyer

Some may question whether people held in jails and prisons have rights that should be protected. Many are serving sentences after being convicted of crimes, while others, including many detainees at Rikers Island, are being held while their criminal cases are still pending. Regardless of why a person is incarcerated, New York and federal law provide important protections against abuse, neglect, and inhumane treatment. Yet prisoner and detainee abuse and neglect remain serious problems in correctional facilities throughout New York. In one case, the family of Casey Holloway, a detainee who was put in a chokehold and killed by another prisoner at Rikers Island, received a $1,650,000 settlement based on allegations that correction officers failed to properly supervise Holloway.

Stephen Bilkis, the founder of Stephen Bilkis & Associates, has extensive experience handling cases involving injuries and civil rights violations. He has been selected to Super Lawyers, earned an Excellent rating from Avvo, been recognized as a Justia Top-Rated Lawyer, and received recognition from Expertise.com and TopLawyer.com. Stephen’s experience also includes firsthand familiarity with correctional facilities and how they operate. He has visited jails and correctional facilities, including Rikers Island, giving him insight into correctional procedures, recordkeeping practices, supervisory structures, and the day-to-day operations that can become important when investigating how an incarcerated person was injured.

If you or someone you know suffered serious injuries as a result of abuse or neglect while incarcerated at Rikers Island, Bedford Hills, or another correctional facility in New York, seeking the assistance of an experienced New York prisoner abuse lawyer can help protect your rights. Contact Stephen Bilkis & Associates. We can investigate what happened, identify the individuals or agencies that may be responsible, preserve important evidence, and take the necessary steps to pursue the compensation you deserve.

What Rights Do Prisoners Have?

While incarcerated, individuals retain certain rights protected by law. These rights include access to adequate medical care, protection from cruel and unusual punishment, and the right to basic human dignity. We understand that the laws governing the rights of prisoners and detainees are constantly changing. Our attorneys make it a priority to stay knowledgeable about changes in New York and federal law and new court decisions that may affect the rights of people incarcerated in New York jails and prisons.

• Access to Adequate Medical Care. Inmates and detainees depend on correctional facilities for their medical care. If they become sick or injured, they cannot simply leave to see their own doctor or go to a hospital. Correctional officials cannot ignore serious medical needs or deliberately deny or delay necessary treatment. In Estelle v. Gamble, 429 U.S. 97 (1976), the Supreme Court established that deliberate indifference to a convicted prisoner’s serious medical needs can violate the Eighth Amendment. Pretrial detainees, including many people held at Rikers Island, are protected under the Fourteenth Amendment. Under Darnell v. Pineiro, 849 F.3d 17 (2d Cir. 2017), a detainee may establish deliberate indifference by showing that an official knew or should have known that the condition posed an excessive risk to the detainee’s health or safety.
• Protection from Abuse and Excessive Force. Correction officers are allowed to use force in certain situations, but that does not give them the right to unnecessarily punch, kick, strike, restrain, or otherwise injure someone in their custody. Prisoners are also entitled to protection from certain known dangers posed by other prisoners. In Hudson v. McMillian, 503 U.S. 1 (1992), the Supreme Court ruled that excessive force against a convicted prisoner can violate the Eighth Amendment even when the person does not suffer a serious injury. Pretrial detainees are also protected from excessive force under the Fourteenth Amendment. In Kingsley v. Hendrickson, 576 U.S. 389 (2015), the Supreme Court held that the question is whether the force used against a pretrial detainee was objectively unreasonable under the circumstances.

If you or someone you know has been subjected to abuse while incarcerated in a New York jail or prison and suffered a serious injury, contact Stephen Bilkis & Associates. Our New York prisoner abuse lawyers have decades of experience investigating claims involving abuse and neglect in correctional facilities. We use that experience to investigate what happened, determine who may be responsible, and identify the compensation that may be available. Our goal is to hold those responsible accountable and pursue compensation for the physical, emotional, and financial harm caused by the abuse.

What Is Prisoner Abuse in New York?

Our experience representing injured inmates and detainees has taught us that understanding a prisoner abuse claim requires looking at more than the injury itself. We examine all of the available evidence to determine what led up to the incident, who was involved, what correctional staff knew, and how they responded. We dig deep to determine where they failed and if reasonable steps could have prevented the harm.

• Physical Abuse. Correction officers sometimes need to use physical force to maintain safety and order, but there are limits on how much force they can use. Punching, kicking, body slamming, striking someone with an object, or continuing to use force after an inmate or detainee has been restrained may cross the line into excessive force. In Hudson v. McMillian, 503 U.S. 1 (1992), the Supreme Court held that excessive physical force against a convicted prisoner can violate the Eighth Amendment even when the person does not suffer a serious injury. When we investigate allegations of physical abuse, we look for evidence such as medical records, photographs, surveillance video, incident reports, witness statements, and correction officers’ accounts of what happened.
• Sexual Abuse. Inmates and detainees have the right to be free from sexual abuse while in custody. Sexual abuse can include unwanted sexual touching, sexual assault, coercion, threats, or correctional staff exploiting their position of authority for sexual purposes. Correctional officials may also be held responsible in certain circumstances when they know that an inmate or detainee faces a serious risk of sexual assault by another incarcerated person and fail to take reasonable steps to protect them. In Farmer v. Brennan, 511 U.S. 825 (1994), the Supreme Court addressed the responsibility of prison officials to protect prisoners from known risks of serious harm, including sexual assault by other prisoners.
• Withholding Medical Treatment. Inmates and detainees depend on correctional facilities to provide the medical care they need. They cannot simply leave the facility to see their own doctor or go to an emergency room when they become sick or injured. Denial of medical care can include ignoring repeated requests for help, failing to provide prescribed medication, delaying access to a doctor or hospital, or failing to respond as a person’s condition gets worse. These failures can turn a treatable medical problem into a serious injury and, in some cases, result in death. In Estelle v. Gamble, 429 U.S. 97 (1976), the Supreme Court established that deliberate indifference to a convicted prisoner’s serious medical needs can violate the Eighth Amendment.
• Neglect and Poor Supervision. Correction officers have responsibilities that go beyond refraining from physically abusing people themselves. In certain circumstances, correctional officials must also take reasonable steps to protect inmates and detainees from serious risks to their safety. Poor supervision can contribute to assaults by other incarcerated people, self-harm, suicide, and other preventable injuries. When we review these cases, we want to know what correctional staff knew before the incident and what they did in response. For example, were there previous threats or assaults? Did the person ask for protection? Were required checks performed? Were warning signs of self-harm ignored? Those facts can help determine if an injury could have been prevented.

If you or someone you know has suffered abuse or neglect in a New York jail or prison, the facility’s version of what happened may not tell the whole story. Correction officers and other staff may have written the incident reports, but those reports are only one piece of the evidence. We investigate what happened before, during, and after the incident and work to obtain medical records, surveillance footage, witness statements, reports, and other available evidence. With our years of experience representing injured inmates and detainees, we know how to piece together what actually happened, identify those who may be responsible, and build a strong case for the compensation you deserve.

What Damages Can I Pursue for Injuries Suffered While Incarcerated?

We understand that, ultimately, receiving justice for our clients means receiving just compensation for the harm they have suffered. When an inmate or detainee has been seriously injured because of abuse or neglect, we look at how that injury has affected them physically, emotionally, and financially, as well as the consequences they may face in the future. We work to identify the full extent of those losses so that we can pursue compensation that fairly reflects what our client has endured. Depending on the circumstances of the case, damages may include the following:

• Economic Losses. A serious injury caused by abuse or neglect can result in financial losses that continue even after an incarcerated person is released. Depending on the circumstances, compensation may be available for medical expenses, future medical care, lost wages, reduced earning capacity, and other financial losses caused by the injury. The amount that may be recovered depends on the losses that can be connected to the abuse or neglect and supported by evidence.
• Pain and Suffering. This category includes physical pain, emotional distress, and mental anguish caused by the injury. While quantifying pain and suffering damages can be challenging, courts may consider factors such as the severity of the injury, the duration of the pain, and the impact on the prisoner’s quality of life.
• Punitive Damages. In some cases involving malicious, reckless, or particularly egregious misconduct, punitive damages may be available against individual defendants in addition to compensatory damages. Punitive damages are intended to punish serious wrongdoing and deter similar conduct. However, punitive damages are not available against municipalities, such as the City of New York, under 42 U.S.C. § 1983.
• Wrongful Death. When an incarcerated person dies as a result of abuse or neglect, the personal representative of the estate may be able to bring a wrongful death claim. Depending on the circumstances, recoverable damages may include funeral and burial expenses, lost financial support, lost services, and other financial losses suffered by surviving family members. A separate survival claim may also seek damages for the deceased person’s conscious pain and suffering before death.

No two prisoner abuse cases affect an injured person in exactly the same way. As experienced New York prisoner abuse lawyers, we take the time to understand not only the injuries our client suffered, but also how those injuries have changed their life and what problems they may face in the future. We use that information, along with the available evidence, to determine the damages that should be pursued and fight for the full compensation our client deserves.

Who Can Be Held Liable for Prisoner Abuse?

The person who directly abused or injured an inmate or detainee may be held responsible, but our experience has taught us not to stop there. Other people or government entities may have contributed to the circumstances that allowed the abuse to occur or failed to take steps that could have prevented it. We look at everyone involved, what each person knew, what responsibilities they had, and what they did or failed to do. Depending on the circumstances, there may be several parties who can be held liable.

Potential defendants may include:

• Correction officers. A correction officer may be personally liable for misconduct such as excessive force, physical abuse, sexual abuse, or other violations of a prisoner’s constitutional rights. Officers may also face liability for failing to intervene when another officer uses unlawful force if they had a reasonable opportunity to prevent the harm.
• Supervisors and other correctional officials. Supervisors are not automatically responsible simply because they oversee the officer who caused an injury. However, they may potentially be liable when their own actions or failures contributed to the violation, depending on the type of claim and the facts of the case.
• Medical professionals. Doctors, nurses, mental health professionals, and other medical providers may be responsible when improper medical care causes a prisoner serious harm. Depending on the circumstances, the case may involve medical malpractice, a constitutional claim involving inadequate medical care, or both.
• New York State. When abuse or neglect occurs at a state-operated correctional facility, such as Attica, Sing Sing, Bedford Hills, or Fishkill, New York State may be responsible for certain state-law claims involving the negligence or misconduct of its employees. Claims for money damages against the State generally must be brought in the New York Court of Claims and are subject to special procedural requirements. New York State itself generally cannot be sued for damages under 42 U.S.C. § 1983.
• City of New York. Claims arising from incidents at Rikers Island and other New York City jails may involve the City of New York. However, holding a municipality liable for a federal constitutional violation generally requires more than showing that one correction officer committed misconduct. Depending on the claim, there may need to be evidence that a City policy, custom, or practice contributed to the violation.

When we investigate a prisoner abuse case, a critical part of the process is to identify every person or entity that may be legally responsible for our client’s injuries. Because our New York prisoner abuse lawyers have visited Rikers Island and other correctional facilities, we understand the chain of command within these facilities and use that knowledge to determine who had responsibility for the inmate’s safety, and who had the authority to take action. We also examine whether failures in supervision, medical care, policies, or procedures contributed to what happened. Identifying all responsible parties is important not only for holding them accountable, but also for pursuing the maximum compensation our client deserves.

How Long Do You Have to File a Prisoner Abuse Lawsuit in New York?

We are always concerned about timing when someone comes to us about a prisoner abuse claim. We never want someone to lose the opportunity to seek justice and compensation simply because a filing deadline was missed. One of the first things we do when reviewing a case is determine which deadlines apply, make sure the statute of limitations has not already expired, and identify any upcoming deadlines that must be met. The deadline for filing a prisoner abuse lawsuit in New York depends on the type of claim, where the abuse occurred, and who is being sued. Some deadlines are much shorter than others, and claims involving New York State or a municipality can have special notice requirements that must be addressed before a lawsuit is filed.

Some of the deadlines that may apply include:

• Federal civil rights claims. Lawsuits brought under 42 U.S.C. § 1983 for violations of constitutional rights in New York generally have a three-year statute of limitations. These claims may arise from excessive force, failure to protect, unconstitutional conditions, or deliberate indifference to serious medical needs.
• Claims against New York City and other municipalities. Special deadlines apply when a prisoner abuse claim involves New York City or another local government. This includes certain claims arising from abuse or neglect at Rikers Island, for example, which is operated by the City of New York. For certain state-law claims, a Notice of Claim generally must be filed within 90 days of the incident, and a lawsuit generally must be filed within one year and 90 days. Federal civil rights claims brought under § 1983 are different and do not require a New York Notice of Claim.
• Claims against New York State. Claims involving state-operated prisons are subject to the special filing requirements of the New York Court of Claims Act. Depending on the type of claim, a claimant may have as little as 90 days to file and serve a claim or take another permitted step to preserve the right to sue.
• Medical malpractice claims. A medical malpractice action in New York generally must be commenced within two years and six months, although special rules may affect the deadline in particular cases.
• Wrongful death claims. In New York, a wrongful death lawsuit generally must be filed within two years of the person’s death. However, other deadlines may be much shorter when the death occurred in a government-operated jail or prison or when a municipality or New York State may be responsible. Families should not assume they have two full years to take action.

Incarcerated people pursuing federal claims must also consider the Prison Litigation Reform Act. Under 42 U.S.C. § 1997e(a), a person who is incarcerated generally must exhaust available administrative remedies within the correctional facility before filing a federal lawsuit concerning prison conditions. This requirement is separate from the statute of limitations and can create additional procedural issues.

Waiting to seek legal assistance can make a prisoner abuse case more difficult even when the filing deadline has not yet expired. Surveillance footage may be overwritten, witnesses may become harder to locate, and records may become more difficult to obtain. An experienced New York prisoner abuse lawyer can determine which deadlines and procedural requirements apply and take steps to preserve the claim.

New York Prisoner Abuse and Neglect Verdicts and Settlements

• February 2023. $2.06 million judgment for former Fishkill prisoner Chad Stanbro. Chad Stanbro, a prisoner taken to a dental clinic, was described by guards as causing a minor disturbance during his sedation. However, omitted details revealed Stanbro was actually paralyzed during the incident. A guard knelt on his neck, rendering him unable to move. Despite obvious injuries, Stanbro was accused of assault and placed in solitary confinement. In a surprising turn, a federal jury awarded him $2.06 million in damages. This case highlights the discrepancy between official reports and the reality of abuse in correctional facilities. Stanbro’s experience sheds light on the inadequate accountability for guards’ misconduct and the harsh treatment of prisoners who seek justice.

• November 2020. A judge awarded a prisoner $2.4 million after being left paralyzed from being beaten by corrections officers. Roy Harriger, convicted of sexual abuse in 2015, claimed a guard at Attica Correctional Facility beat him with a baton, leaving him paralyzed. Despite extensive investigation, officers denied involvement, and crucial records were missing. Several staff members refused to cooperate. No guard was identified, disciplined, or charged criminally. Harriger sued, revealing discrepancies in testimony and missing paperwork. The judge ruled in Harriger’s favor, awarding him $2.4 million. Harriger remains wheelchair-bound, unable to straighten his fingers due to injuries sustained in the attack. This case underscores the challenges prisoners face in seeking accountability for abuse in correctional facilities and highlights systemic failures in documenting and addressing such incidents.

• February 2020. An prisoner at Green Haven Correctional Facility was awarded $650,000 for injuries suffered after being assaulted by corrections officers. Prisoner Jerome Anderson filed a lawsuit against several corrections officers of Green Haven, alleging that he was taken to a part of the prison not monitored by surveillance cameras. When he refused to answer questions related to an accusation of sexual abuse made against a prison official, he was assaulted by multiple corrections officers. Anderson’s hands, toes, and head were injured. The plaintiff also claimed that he suffered emotional distress in the form of insomnia. The jury found that some of the defendant corrections officers did use excessive force against Anderson and awarded him $650,000. $75,000 of the award was for compensatory damages and $575,000 for punitive damages.

• August 2019. $655,000 awarded to prisoner after a New York Court of Claims  found state of New York 100% responsible for prisoner assault. The prisoner plaintiff alleged that he was attacked in the bathhouse at Sing Sing Correctional Facility.  Although he screamed, no one came to help him. As a result of the attack, he suffered multiple lacerations and temporomandibular joints (TMJ) disorder. See Aughtry v. State, # 2019-029-033 (N.Y. Ct. Cl. May 22, 2019).

Frequently Asked Questions

Contact Stephen Bilkis & Associates

Our commitment to advocating for the inmate rights in New York is rooted in the belief that every individual, regardless of incarceration status, deserves to be treated with dignity and respect. Our skilled prisoner abuse attorneys serving New York remain dedicated to representing people who have been injured because of abuse or neglect in jails, prisons, and other correctional facilities throughout New York.

Stephen Bilkis, the founder of Stephen Bilkis & Associates, has been selected to Super Lawyers, earned an Excellent rating from Avvo, been recognized as a Justia Top-Rated Lawyer, and received recognition from Expertise.com and TopLawyer.com. Stephen has visited jails and correctional facilities, including Rikers Island, and is familiar with their day-to-day operations, correctional procedures, recordkeeping practices, and chain of command. Attorneys working with Stephen Bilkis & Associates have recovered more than $1 billion in settlements and verdicts for injured clients.

If you or someone you know has suffered abuse or neglect while incarcerated, contact us to learn how we may be able to help. Contact us at 800.696.9529 to schedule a free, no-obligation consultation regarding your case. We represent clients in Brooklyn, Long Island, Queens, Manhattan, Nassau County, Staten Island, Suffolk County, the Bronx, and Westchester County.