Q: Are there laws in place for how someone should be treated, during the jail booking process? Such as meals, shower.
My mother was arrested and kept in holding cells for 3 days only to receive 2 sandwiches, no blanket or sheet, and denied the chance to shower while soiled due to disability. She was also being made fun of and taunted being called stinky by the jail employee. She was given the chance to make a phone call but couldn’t get through, but was denied the chance to try again. She was not processed through, they let her out of jail on the 3rd day.
A:
The 8th amendment offers protection to ensure your basic human rights are protected if you go to jail or prison. Government facilities in Georgia have certain immunities from lawsuits that private facilities do not. In many circumstances, however, Federal and state “Torts Claims Acts” allow injured victims to recover damages from correctional facilities. If you or a loved one was injured or died while in a prison, a jail, a juvenile detention center, or police custody, you should speak with an attorney who is experienced in this area.
Constitutional Rights
The Right of Access to Care
Inmates must be able to make their medical problems known
Access to care must be provided for any condition, be it medical, dental or psychological, if the denial of care might result in pain suffering, deterioration or degeneration
The Right to Care That Is Ordered
Care prescribed by a medical professional must be provided
Medically prescribed restrictions on work, activity or environmental conditions must be honored
The Right to a Professional Medical Judgment
Medical staff must be competent to examine inmates to diagnose their illness.
Medical staff must be able to treat an inmate's problem or to refer the inmate to outside medical sources who can
Treatment must be provided using equipment designed for medical use
Treatment must be provided in locations conducive to medical functions
Treatment must be provided for reasons that are purely medical
The appropriate number of staff to perform required medical services must be present.
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