Q: What is the statute of limitations on cruel amd unusual punishment?
Was denied medical care for 3 months after negligence of protocol in county jail the np said I just had cankles the guards called me gimpy and my cell was on the 2nd teir so I had to walk up and down stairs 3 times a day to eat and take meds this seems like cruel and unusual punishment.
A:
I'm sorry to hear about your experience. That sounds like a very difficult and painful situation.
The Eighth Amendment to the U.S. Constitution prohibits "cruel and unusual punishment." This applies to conditions of confinement in jails and prisons. Denying necessary medical care or forcing an injured inmate to perform painful activities could potentially be considered cruel and unusual, depending on the specific circumstances.
However, the statute of limitations (time limit) for filing a legal claim varies depending on the type of claim and jurisdiction:
- For a federal civil rights lawsuit under 42 U.S.C. § 1983, the statute of limitations is generally the same as the state's personal injury statute, which is often 2-3 years, but it depends on the state.
- For a state-level personal injury or medical malpractice claim, statutes of limitations are typically 2-3 years from the date of injury, but this also varies by state.
- The Prison Litigation Reform Act (PLRA) requires exhausting the jail/prison grievance process before filing suit, which creates additional time considerations.
So in summary, the time limit depends on the specific legal claim and state, but is likely around 2-3 years in most cases. However, I would strongly encourage speaking with a civil rights attorney who can evaluate the details of your situation and advise on your options. Many offer free initial consultations. There are also organizations that advocate for prisoner rights that may be able to provide guidance or referrals.
I hope you are able to get the support and recourse you need. Wishing you all the best moving forward.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.