Failure to Protect Prisoners Civil Rights Claim in Colorado

What is a failure to protect claim in Colorado?

The Constitution imposes a duty on prison officials “to protect prisoners from violence at the hands of other prisoners.” Farmer v. Brennan, 511 U.S. 825, 833, 114 S. Ct. 1970, 128 L. Ed. 2d 811 (1994). Indeed, “having incarcerated persons with demonstrated proclivities for antisocial criminal, and often violent, conduct, having stripped them of virtually every means of self-protection and foreclosed their access to outside aid, the government and its officials are not free to let the state of nature take its course.” Id.

Prison and jail officials have a duty to take reasonable measures to ensure the safety of prisoners. This includes protecting prisoners from violence at the hands of other prisoners. The due process clause of the 14th Amendment to the United States Constitution guarantees the right of pretrial detainees to be protected from violence while in police custody. This right is part of the broader due process protections that ensure no person is deprived of life, liberty, or property without due process of law. This right to be protected while in custody also extends to prisoners in prison through the 8th Amendment to the United States Constitution which prohibits cruel and unusual punishment. When prison or jail officials are deliberately indifferent to a substantial risk of serious harm to a prisoner, they violate that person’s right to be free from harm while in police custody or prison.

What is the purpose of filing a failure to protect lawsuit against prison officials?

The purpose of a failure to protect civil rights suit is to get justice and compensate a person for the harm and injuries they have suffered as a result of a prison or jail officials’ failure to protect them from harm or violence. This compensation can include medical expenses, pain and suffering, economic losses, attorney fees, costs, psychological and emotional damage, loss of reputation, loss of income, and other damages stemming from the officials’ failure to protect an inmate.

Proving a failure to protect prisoner due process claim in Colorado

To prevail on a failure to protect civil rights lawsuit, a plaintiff must show “that he was incarcerated under conditions posing a substantial risk of serious harm,” and the defendant prison official acted with deliberate indifference, meaning the defendant “was aware of and disregarded an excessive risk to inmate health or safety by failing to take reasonable measures to abate the risk.” Plaintiff must also prove that the defendant’s failure to protect caused plaintiff substantial harm and was the proximate cause of the injuries, losses, and damages plaintiff suffered. Where a plaintiff seeks to hold a local governmental entity liable under § 1983, he must also show that a municipal policy or custom “was the ‘moving force’ behind the injury alleged.” Deliberate indifference in the municipal liability context “may be satisfied when the defendant has actual or constructive notice that its action or failure to act is substantially certain to result in a constitutional violation, and it consciously or deliberately chooses to disregard the risk of harm.”

As prisoners have a constitutional right to be protected by government officers while in police custody, a prisoner has the right to bring a civil rights suit under 42 U.S.C. § 1983 and C.R.S. § 13-21-131 against the government officers – jail or prison officials – who fail to protect them from harm while confined.

What are common situations where failure to protect prisoner claims arise?

While not exhaustive, the following scenarios may give rise to a failure to protect claim.

Inmate-on-Inmate Violence: A prisoner is assaulted by another inmate after jail officials were informed of threats or previous violent behavior but failed to take appropriate protective measures.

Sexual Assault: An inmate is sexually assaulted by another inmate or a staff member, and jail officials had prior knowledge of the risk but did not act to prevent it.

Gang-Related Violence: Prisoners are attacked by gang members after officials fail to separate known gang affiliates or ignore intelligence about potential gang violence.

Failure to Provide Protective Custody: An inmate requests protective custody due to threats from other inmates, but the request is denied or delayed, resulting in harm.

Inadequate Supervision: Jail officials fail to adequately supervise inmates, leading to violent incidents that could have been prevented with proper oversight.

Retaliation for Reporting: An inmate is harmed after reporting misconduct or threats, and jail officials do not take steps to protect the inmate from retaliation.

Improper Housing Assignments: An inmate is placed in a housing unit with known violent offenders despite having a history of being targeted, leading to an attack.

Failure to Address Known Risks: Jail officials are aware of specific risks, such as an inmate’s vulnerability due to mental health issues but fail to take steps to mitigate those risks.

What is the statute of limitations for a malicious prosecution civil rights claim in Colorado?

The statute of limitations for civil rights failure to protect prisoner suits in Colorado brought under 42 U.S.C. § 1983 or C.R.S. § 13-21-131 is two years from the time a cause of action accrues.

Contact Denver’s trusted failure to protect prisoner attorney to find out if you have a viable case.

Failure to protect cases are often complex. They require thorough investigation and a steadfast commitment to pursuing the truth. The mere fact that a prisoner suffered injury at the hands of another prisoner does not always translate into constitutional liability for prison officials responsible for the victim’s safety. However, prison and jail officials must take reasonable measures to ensure the safety of prisoners and if they’ve failed in their duty to protect, they must be held accountable. A skilled failure to protect attorney can help you hold the prison officers who were deliberately indifferent to your suffering accountable for violating your constitutional rights.

To know whether or not you have a viable failure to protect case, the first step is to contact Rights & Liberties Law Firm to start your free police misconduct civil rights case evaluation. If your rights have been violated and your liberties trampled by a prison or jail official who failed to protect you, the attorneys at Rights & Liberties Law Firm are here to fight for you and get you the justice and compensation you deserve.

Three-Step Path to Civil Rights Representation

Step one. If you’ve been the victim of police brutality or a government officer has violated your or a loved one’s rights, complete our Free Civil Rights Case Evaluation. Confidentially upload videos, photos, and other documents of evidentiary value directly to our civil rights case evaluation portal and start the process of holding those who abuse their powers accountable for violating your rights. Civil rights cases rise and fall on the facts of the case. Our Free Civil Rights Case Evaluation is designed to gather the information necessary to determine if you have a case where we can vindicate your rights and get you the justice and compensation you deserve. Be sure to answer each question in our Free Civil Rights Case Evaluation in a detailed and clear manner.

Step two. Our team will evaluate your case. If we need additional information from you to complete your case evaluation we will contact you. Once we’ve completed your case evaluation, we will promptly contact you to let you know if we can help you with your case. If so we’ll schedule a consultation to learn more about your story.

Step three. During our consultation we’ll determine if there’s a viable path to vindicate your rights. If there is, and you’re ready to hold those accountable who violated your rights, we’ll provide you with a contingency fee agreement to review and sign. Then the fight is on. You pay nothing until we’re victorious.