Los Angeles Attorneys Handling Correctional Worker Misconduct Claims
People convicted of crimes have the same right to dignity, safety and respect as anyone else. Whether in prison, on probation or on parole, the officers responsible for a person’s supervision must be strictly professional. The officers and staff who work with incarcerated individuals, as well as those who work with people on probation and parole, are held to the same standards as law enforcement officers.
Have you or a loved one been mistreated by a correctional worker? Do you believe a correctional worker has treated you differently because of your race? Has a parole or probation officer made sexual advances? Such situations require legal representation that prioritizes accountability and justice. Our lead attorney at McMurray Henriks, LLP, Yana G. Henriks, aims to protect your civil rights. We will hold wrongdoers accountable. With decades of experience and a history of precedent-setting victories, we serve clients throughout greater Los Angeles, California. We are here to ensure your voice is heard.
What Constitutes Misconduct From A Correctional, Parole Or Probation Officer?
Correctional worker misconduct is not just a breach of professional responsibilities; it is unlawful. It is illegal to violate an incarcerated person’s constitutional rights – it represents a systemic failure in institutional oversight. Misconduct may include:
- Excessive use of physical restraints, unauthorized physical force or unwarranted solitary confinement
- Sexual harassment, advances or inappropriate relationships
- Sexual assault
- Deliberate indifference to personal safety
- Discriminatory enforcement of institutional rules or treatment based on race, gender or membership in a protected class
- Psychological manipulation and intimidation
- Deliberate denial of medical care or basic human necessities
Many cases go unreported. Inmates fear retaliation. Despite an ever-evolving regulatory framework for handling staff misconduct cases, the California Department of Corrections and Rehabilitation still receives low ratings.
Our lawyers at McMurray Henriks, LLP, have experience – and are committed to continually – changing the system one case at a time.
The Statistics Remain Sketchy
News and social media headlines continually report incidences of falsification of records, child endangerment, contraband possession, widespread sexual abuse and other misconduct by correctional, parole or probation officers in the California justice system.
Current statistics on the frequency of misconduct among correctional officers in Los Angeles County are not easily accessible. The statistics are often out of date. Data availability is limited because many misconduct allegations are reviewed internally by the department. Not every investigation confirms wrongdoing. Although the number of officers placed on leave might appear substantial on the news or social media, the department points out that this group constitutes only a minor fraction of their entire staff.
The California Office of the Inspector General (OIG) conducts independent prison oversight and invites the public to report any alleged misconduct within the California Department of Corrections and Rehabilitation. In an attempt to uphold best practices within the state’s correctional system, OIG provides several oversight programs, including:
- Employee discipline oversight – Analyze investigations by the Office of Internal Affairs. They also evaluate legal guidance from department attorneys during the disciplinary process.
- Critical incident response – 24/7 on-site response to critical events. This may include community riots, use of deadly force and inmate deaths. They run a statewide complaint intake system to address concerns about improper activities within the department.
- Address inmate and staff complaints – Oversee the department’s handling of inmate grievances and complaints of staff misconduct. They also investigate retaliation complaints filed by staff against management.
- Medical care assessment – Evaluate the quality of medical care of those in the institutions.
- Operational audits and reviews – Conduct audits or special reviews of operations, policies and procedures. Review the effectiveness of departmental reforms and more.
- Sexual abuse complaint ombudsperson – Act as the ombudsperson for sexual abuse complaints under the Prison Rape Elimination Act (PREA) and review allegations of the mishandling of investigations.
Even without exact statistics, seeking legal counsel as soon as possible is important. Victims must document incidents thoroughly. Do you understand the scope of your constitutional rights? At McMurray Henriks, LLP, our civil rights team is here to help you through the complex legal system.
Can Victims Of Excessive Force And Other Forms Of Misconduct In California Prisons Sue?
Yes. Victims of excessive force and other forms of misconduct in California prisons have several options to sue. Inmates and their families, as well as parolees and probationers, have the right to seek justice by filing lawsuits against prison officials and the state if they believe their rights have been violated and they have been subject to excessive force, medical neglect or other forms of abuse and mistreatment.
Victims can file a civil rights lawsuit under Section 1983 of the Civil Rights Act. This law permits individuals to sue state officials for violations of constitutional rights. Additional legal options for pursuing a claim under California law may be to file for personal injury or other damages, among others.
Aggressive Advocacy To Protect Your Rights: Free Confidential Consultation
McMurray Henriks, LLP‘s team is available 24/7 via email or by calling 323-931-6200. We offer a swift response to protect your rights. Our office in Los Angeles serves clients throughout the region.