Prisoners’ Rights

Learn more here about your right to be protected against discrimination and abuse in prison and what to do if your rights are violated. The law is always evolving. If you have access to a prison law library, it is a good idea to research new developments.

I experienced assault or excessive force in prison

Your rights

• Prison officials have a legal duty under the Eighth Amendment of the Constitution to refrain from using excessive force and to protect prisoners from assault by other prisoners.
• Officers may not use force maliciously or sadistically with intent to cause harm, but they may use force in good faith efforts to keep order.
• Prison officials may be violating the Eighth Amendment if they knew about a risk of assault by other prisoners but failed to respond, or if prison conditions or practices create an unreasonable risk of assault (for example, not having enough officers on the unit, not having cell doors that lock properly, etc.).

What to do if you believe that your rights have been violated

• If you have been assaulted by an officer or fellow prisoner, you should file a grievance, and appeal it through all available levels of appeal. Note that there are usually strict time limits for filing a grievance, so you should do so as soon as possible.
• If you believe you are in immediate danger of assault, you should tell a staff member you trust (mental health worker, teacher, etc.).

Additional resources

• Prison Legal News: https://www.prisonlegalnews.org/
• Jailhouse Lawyer’s Manual: https://jlm.law.columbia.edu/files/2017/05/36.-Ch.-24.pdf

I’m facing religious discrimination in prison

Your rights

• Federal law provides special protections for prisoners’ religious exercise. If a prison policy, rule, or practice significantly impedes your ability to practice your sincerely held religious beliefs, prison officials must show that applying the rule to you furthers an extremely important (in legal terms, “compelling”) governmental interest (e.g., prisoners’ safety or health) and that there is no other reasonable way to go about protecting that interest. If prison officials cannot show this, they must provide a religious accommodation to enable you to practice your faith.
• Depending on your particular circumstances, prison officials may be required to provide you with a religious diet (e.g., halal or kosher meals), worship services, and access to clergy. They also may be required to allow you to have religious texts, wear certain religious clothing, headwear, and jewelry, and maintain religious grooming practices (e.g., wearing a beard or long hair).
• Prison officials cannot impose religious beliefs or practices on you. They cannot punish you for declining to take part in religious activities or events that include religious elements. Prison officials cannot give special preference to members of one faith, or treat prisoners of some religions less favorably than those of others.

What to do if your rights are violated

• You can file a complaint with the U.S. Department of Justice’s Special Litigation Division.
• You can contact the ACLU in your state for more information.

Additional resources

• ACLU – Religious Freedom in Prison
• Department of Justice – Religious Land Use and Institutionalized Persons Act (RLUIPA)
• Prison Legal News: www.prisonlegalnews.org
• Jailhouse Lawyer’s Manual: http://jlm.law.columbia.edu/files/2017/05/39.-Ch.-27.pdf

I'm experiencing discrimination or abuse in prison because I’m transgender

Your rights

• If you notify prison officials that you are transgender, and/or have been threatened, officials are legally required to act to protect you. When you enter prison, inform staff you are transgender or believe you are at risk -- both verbally and in writing.
• The federal Prison Rape Elimination Act (PREA) requires prisons and jails to make individualized housing placements for all transgender and intersex prisoners, including when assigning them to male or female facilities. A transgender or intersex prisoner’s own views with respect to their own safety must be given serious consideration when making these determinations.
• Many correctional facilities house transgender prisoners in solitary confinement to protect them from violence. PREA says you cannot be segregated against your will for more than 30 days and if you are in protective custody you must have access to programs, privileges, education and work opportunities to the extent possible.
• Prison and jail staff must evaluate you for gender dysphoria within a reasonable time if you request it. Medical treatment for prisoners diagnosed with gender dysphoria should be delivered according to accepted medical standards.
• Blanket bans on specific types of treatments, such as a ban on hormone therapy or gender confirmation surgery, are unconstitutional.
• Staff should generally allow you gender-appropriate clothing and grooming supplies, and allow you to present yourself consistent with your gender identity, or they may be in violation of the Eighth Amendment.
• Strip searches must be conducted professionally and respectfully. A strip search conducted in full view of other prisoners and staff may violate your privacy rights. If there is no emergency, male staff should not strip-search women (including transgender women) and vice versa. Some jails have policies allowing transgender prisoners to choose the gender of the staff to search them.
• Staff cannot conduct strip and pat-down searches solely to assess your genitals. Staff must be trained to conduct searches of transgender and intersex prisoners in a professional and respectful manner, and in the least intrusive manner possible, consistent with security needs.
• If you request a private shower, PREA requires that officials grant you access.

What to do if you believe your rights might be violated

• Report your concerns or any specific threats to your safety to staff in writing, and also send a copy to the inspector general, the PREA coordinator for the agency with custody over you, and someone outside whom you trust.
• If you are assaulted, file a grievance as soon as possible, though cases of sexual assault may have more flexible time limits on reporting or may have special reporting processes.
• Prisoners who want to file a federal lawsuit about events in jail or prison must first complete the internal appeals process. This means that you need to know the rules of any appeals (or “grievance”) process in your facility, including time limits on filing an appeal after something happens. In most prisons or jails, you will have to file a written complaint on a form that is provided.
• If staff refuse to evaluate you for gender dysphoria or fail to provide you with care, file a grievance and appeal through all levels.
• If you were receiving hormones from a doctor prior to incarceration, have your medical records sent to the medical or health director at your facility.
• If you are placed in protective segregation and do not want to be there, file a grievance and all appeals about your placement. You should also appeal anything that seems unfair about your placement, such as not being able to participate in a hearing, not being told why you were moved to segregation, not being able to participate in programming or obtain a job, or not being told when you can get out.
• If your placement is based on so-called safety concerns and you would feel safer in a women’s facility (as a transgender woman), request such a transfer and file appeals if you do not get one.
• If you are asked to strip down in front of other prisoners and you do not feel comfortable, politely ask to be moved to a separate area.
• If you cannot use a private shower, ask to shower at a different time from other prisoners or in a private area (as the PREA standards require).
• If you do not want to be searched by a staff member of a particular sex, politely ask for a different staff member to search you. In some prisons or jails, you may also be able to get a general order that says you should only be searched by women (if you are a transgender woman).
• Ask for your facility’s official policies related to your circumstances. Sometimes you can find these policies in the prison library.