Do prisoners have civil rights? Can they successfully sue for violations?
Virtually every aspect of a prisoner’s life is controlled by the prison authorities, and many civil rights law suits are filed by prisoners. While prisoners do have certain civil rights, Federal law and court decisions as well as the laws and court decisions of each state, differ on the scope and limit of prisoners’ rights. However, generally-speaking, prisoners, and sometimes even persons on parole and former prisoners, do not enjoy the same civil rights as persons who have not been convicted of a crime.
The most typical form of prisoner lawsuit is the petition for habeas corpus in Federal court after s/he has exhausted state remedies. The petition says that you are challenging a state’s right to keep you a prisoner. Only a tiny number of these suits are successful. There is additional information on petitions for habeas corpus under Appeals.
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