Prisoner Rights & Resources

Prisoners have fundamental rights under the U.S. Constitution.

Their First Amendment rights include:

  • Free speech
  • Association rights
  • Right to practice their religion
  • Freedom from discrimination
  • Right to appropriate medical and mental health care

The Eighth Amendment also protects prisoners. The Eighth Amendment prohibits cruel and unusual punishment.

Inmate Right To Due Process

Another right afforded to inmates is the right to due process. This includes the rights to administrative appeals and to access the parole process.

Access to the courts is another protected right. This right is often satisfied by prison law libraries. Finally, a writ of habeas corpus protects against unlawful and indefinite imprisonment.

Department of Justice's Bureau of Prisons

The Department of Justice's Bureau of Prisons is the federal bureau responsible for the custody and care of federal inmates. Inmates have the right to raise complaints to prison officials about prison conditions. Following grievance procedures achieves this.

Sometimes, complaints become lawsuits that the Supreme Court hears. The Supreme Court is the country's highest court. However, the Prison Litigation Reform Act (PLRA) limits prisoners' access to federal courts.

Below are links to various national resources. These resources relate to the litigation process and the rights of those incarcerated. There are also resources about capital punishment and the death penalty.

Representation and Litigation

This section provides resources to pretrial detainees and criminal defendants. These resources discuss criminal representation and the litigation process:

Incarceration and Prison Conditions

This section provides various resources for incarcerated individuals.

Capital Punishment and the Death Penalty

Here, you'll find resources discussing the death penalty and capital punishment.

Miscellaneous Topics

This section offers information on miscellaneous topics, including crime reduction and mass incarceration.

Talk to an Attorney About Prisoners' Rights

There are many resources available to prison inmates about their legal rights. These resources are critical.

Inmates can face complicated conditions of confinement, such as segregation or discrimination. These are not legal under the Americans with Disabilities Act (ADA). Prisoners need to exhaust internal grievance processes before filing suit in federal court.

Inmates may face harsh conditions such as:

  • Inadequate facilities
  • Solitary confinement
  • Potential threats of abuse based on transgender status

They may also face discrimination based on disabilities or be denied medical care.

Are you or someone you know dealing with a similar situation in a correctional facility or federal prison? Need legal assistance or a jailhouse lawyer?

You may be able to file a complaint against your state's department of corrections. Talk to an experienced civil rights attorney to learn about federal laws, filing fees, and state laws.

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Can I Solve This on My Own or Do I Need an Attorney?

  • Most civil rights cases need the help of an attorney
  • Complex civil rights cases (such as employment discrimination, racial segregation, or discrimination based on gender) need the support of a lawyer

An attorney can help you enforce your civil rights and other constitutional rights. Many offer free consultations and can offer tailored advice during your court case.

Find a local attorney