8th Amendment Violations/Cruel & Unusual Punishment

Eighth Amendment Violations/Cruel & Unusual Punishment

The Eighth Amendment prohibits the government from subjecting a person found guilty of a crime to cruel and unusual punishment. The Supreme Court has held that any condition that amounts to “the unnecessary and wanton infliction of pain” violates the Eighth Amendment. This means that all people in prison have a right to basic human needs, such as food, shelter, medical care, reasonable safety, warmth, exercise, personal hygiene and sleep. If you are deprived of any of these things, you may have a right to file a lawsuit seeking damages. Our team at Harman Law Firm can help victims of Eighth Amendment violations and cruel and unusual punishment seek justice.

When a person commits and is found guilty of a crime, they may forfeit their freedom as part of their punishment. However, they do not forfeit their civil rights. The Eighth Amendment protects those who are detained or incarcerated for crimes from cruel or unusual punishment. Some of the Eighth Amendment violations that occur to inmates in jails and prisons that can be considered cruel and unusual punishment include:

  • Rape or sexual abuse
  • Inferior medical care
  • Excessive bail or fines
  • Physical abuse, excessive force or brutality
  • Withholding food, water or other basic needs

When a person’s civil rights are violated, they have the right to pursue legal action. For victims of cruel and unusual punishment while incarcerated, an Eighth Amendment violation lawsuit may be the solution.

Eighth Amendment Lawsuits

There has been much controversy over the Eighth Amendment and what constitutes “cruel and unusual punishment.” However, there have been many successful Eighth Amendment violation lawsuits that have vindicated victims who endured poor prison or jail treatment. Victims and their families can receive compensation if an Eighth Amendment violation is proven, and the lawsuit can help prevent further violations from occurring to other inmates.

If you believe you or a family member have had Eighth Amendment rights violated, contact us at Harman Law Firm in Augusta, GA. One of our civil rights lawyers can discuss your claim and advise you of your rights. You may be eligible to pursue a cruel and unusual punishment lawsuit – call today to schedule a free civil rights legal consultation.