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Can I sue the New York City Department of Corrections for the condition of my confinement?

Yes, you can sue the City of New York Department of Corrections for the condition of your confinement at Riker's Island or the State of New York for your confinement in a State facility. New York corrections facilities cannot maintain inhumane prison conditions, deprive inmates of necessities or fail to protect their health or safety, or involve the infliction of pain or injury or deliberate indifference to their risk. The Eighth Amendment is applicable to the States through the Fourteenth Amendment, imposes upon the conditions in which a State may confine those convicted of crimes.  In Rhodes v Kelly, 452 US 337 (1981), the United States Supreme Court held that conditions of confinement must not involve the wanton and unnecessary infliction of pain, nor may they be grossly disproportionate to the severity of the crime warranting imprisonment.  See Rhodes v Kelly, 452 U.S. 337, citing Coker v. Georgia, 433 US 584, 592 (1977); Weems v United States, 217 US 349 (1910).

If you or a loved one are being abused by correction officers, forced to engage in prisoner fights, denied medication or medical care call the Bronx, New York police brutality lawyer, Bryan J. Hutchinson, to protect your 8th Amendment constitutional rights and get the compensation you deserve. Time is of the essence! The law limits the time you must file your Notice of Claim. Call now at (718) 671-0900.

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The Law Office Bryan Hutchinson, PLLC is committed to answering your questions about personal injury, divorce, and probate and estate administration issues in New York. We offer free consultations and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.