Austin, TX asked in Personal Injury, Constitutional Law and Medical Malpractice for Wyoming

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.

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

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.

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