Use of Force by Correctional Staff
We encourage those who have been assaulted by correctional staff to use the sick call process to seek medical care for and documentation of any injuries, and write to us with any additional questions they may have. We also encourage people to file a grievance using the jail or prison’s internal grievance process, and take (“exhaust”) any appeals that can be taken inside that process before going to court. Under the law, this is required before a person in prison can file a lawsuit about something that happened to them in prison.
Most claims relating to the use of force by correctional staff are brought as constitutional “excessive force” claims in federal court. The standards governing these claims can make it difficult for people who are in jail or prison to succeed on these claims. A court will rely on several factors to evaluate a claim, including the officer’s explanation regarding the need for the use of force, the relationship between that need and the amount of force that was used, and the extent of the injury that resulted. Because of the limits of our resources, our office is not able to represent every person who writes to us regarding use of force claims. However, read every letter that we get, and, when we cannot offer to represent someone, we write back and send forms, manuals or other information if we have it, to help people in prison file a lawsuit on their own.
Helpful Links and Resources:
NCDAC Policy and Procedure Manual (See F .1500 Use of Force)
