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At Shealey Law Firm, we are Columbia lawyers who help prisoners who have become victims of abuse. If you are concerned about the treatment that you or someone else has received in prison, we will take your case seriously. Contact our civil rights attorneys today to talk about your situation.
Lawyers for Prison Abuse
At Shealey Law Firm, we believe that everyone’s rights are important. We are advocates for prisoners and their families when mistreatment has occurred. An attorney for prison abuse can assist you in advocating for your rights, including seeking financial compensation when appropriate.
Standing up for prison abuse is important. A victim may receive compensation for the harm that has occurred. It may mean justice for what has happened and accountability for offenders. Legal action may prompt changes that prevent harm in the future. The action may raise awareness to important issues surrounding the treatment of inmates.
We want victims of prison abuse to have a voice – and the justice they deserve. To see how our prison abuse attorneys in Columbia, South Carolina can assist you, call or message Shealey Law Firm for a consultation.
Lawyers for Inmate Rights
When you go to prison, you don’t leave your constitutional rights behind. Prisoners have important rights. If those rights are violated, they may pursue legal remedies. Our lawyers for inmate rights may assist you and represent you.
The rights that prison inmates have are numerous. They apply in many situations. Here are some of the circumstances where an inmate’s rights may be violated.
Personal needs that must be met
- Medical care and attention
- Food, adequate nutrition
- Water
Safety
- Overcrowding
- Unsanitary living conditions
- Wrongful death
- Indifference to risk of harm
- Physical or psychological torture
Autonomy
- Assault and battery from prison guards
- Unnecessary use of force
- Assault and battery from other inmates
- Sexual assault
- Excessive or inappropriate use of solitary confinement
Fair treatment
- Racial discrimination
- Gender discrimination
- Religious discrimination
Victims may feel powerless. Workers may have a code of silence and indifference, and they may try to cover up their behavior.
The Shealey Law Firm believes that each inmate’s rights are important. There may be multiple types of abuse, or abuse may occur on multiple occasions. An inmate may fear repercussions for speaking out. Our lawyers can investigate what has happened and determine how to best pursue your rights.
Legal Claims for Prison Abuse in South Carolina
A claim for prison abuse in South Carolina may be brought under federal civil rights law or state law.
State law
Under state law, there may be several types of claims. You may allege:
- Assault and battery
- Gross negligence
- Due process violations
- Inadequate training, supervision and retention of workers
- Retaliation
S.C. Code Title 24 – Corrections, Jails, Probations, Paroles and Pardons, Chapter 3, State Prison System applies to prison operation in South Carolina.
Federal law
The Civil Rights Act of 1871, 42 U.S.C. § 1983, is a federal law that protects civil rights in a variety of contexts. It applies throughout the United States, and it applies to prisoners. In Cooper v. Pate, the United States Supreme Court explained that the Civil Rights Act extends to the treatment of prisoners. In the Cooper case, the inmate alleged that they were denied access to religious texts of their choosing while administrators provided texts of other religions to prisoners.
Administrative remedies
After the Cooper v. Pate case in 1964, there were many court cases alleging prisoner mistreatment and abuse. While Cooper is still good law, the Prison Litigation Reform Act of 1996 adds additional requirements for claims of prisoner mistreatment.
A person must first exhaust their administrative remedies before bringing a legal action. (Haggins v. South Carolina Department of Corrections, (D.S.C. 2006), where the court stated that following the South Carolina two-step prison grievance procedure satisfies the exhaustion of administrative remedies).
It’s important to know that the law exists and follow the correct procedures to have your case heard. Our prison abuse attorneys in Columbia, South Carolina can assist with all the steps needed to bring a claim.
Possible Outcomes of a Prison Abuse Lawsuit
If you are the victim of prison abuse, you need two things – you need the abuse to stop, and you need justice for what has occurred. When you bring a legal action, you may seek damages, injunctive relief or both.
Damages are financial compensation for the harm that has occurred. Damages are awarded in proportion to the physical and emotional injury and severity of the abuse. Injunctive relief is an order to the prison to behave differently. It is a court order to stop the abuse. It’s important to clearly state what relief you are requesting in your lawsuit. Our lawyers can represent you.
Columbia, South Carolina Prison System FAQs
How many prisons are there in South Carolina?
There are 21 prison facilities in South Carolina. They vary in function, levels of security and supervision.
Are there prison facilities in Columbia, South Carolina?
The headquarters of the South Carolina Department of Corrections is located at 4444 Broad River Road
Columbia, SC 29210.
What is the Kirkland Correctional Institution?
The Kirkland Correctional Institution is a prison in Columbia, South Carolina. The facility receives and processes male offenders aged 17 and older. Dangerous and violent offenders are housed at the facility.
Where is death row in South Carolina?
Death row in South Carolina is at Kirkland Correctional Institution in Columbia, South Carolina.
What is the Broad River Correctional Institution?
The Broad River Correctional Institution, in Columbia, South Carolina, houses general population and medically dependent prison inmates. The facility contains industrial operations, making license plates and signs for government use.
Schedule a Consultation With a Lawyer for Free
If you or a family member have been the victim of prison abuse, we invite you to contact us. If you have concerns about a situation and you’re not sure what to do, we are available for consultation. We can discuss your options and talk about how our services may help you.
Contact our team at Shealey Law Firm to speak with our prison abuse attorneys in Columbia, SC now.