People in jail and prison depend entirely on the facility for medical care. When staff or medical contractors ignore serious symptoms, withhold prescribed treatment, or delay care until a condition becomes dangerous, the Constitution may give you or your family a claim.
The legal standard: deliberate indifference
For people serving a sentence, the Eighth Amendment prohibits cruel and unusual punishment, which includes deliberate indifference to serious medical needs (Estelle v. Gamble). People held before trial are protected under the Fourteenth Amendment, and courts generally apply a similar standard. A claim usually has two parts:
- A serious medical need. A condition that a doctor has diagnosed as needing treatment, or one that is so obvious that anyone would recognize the need for care.
- Deliberate indifference. The person responsible knew about the serious need and disregarded it.
A disagreement over treatment, or a mistake that amounts to ordinary medical negligence, is not enough by itself. Cases that succeed tend to show more: ignored sick calls, delays that caused harm, denial of a treatment a specialist ordered, or staff who knew of a risk and did nothing.
Situations we see
- Delayed or denied treatment for infection, injury, chest pain, or other serious symptoms
- Interrupted or stopped prescription medication, including medication for chronic conditions, mental illness and withdrawal
- Failure to follow a specialist’s or outside doctor’s orders
- Inadequate emergency response
- Deaths in custody that followed ignored medical warnings
- Disability-related failures, such as no access to mobility devices or accessible facilities
Who can be responsible
Depending on the facts, claims can be brought against individual officers or medical staff, the county or agency that runs the facility, and private companies that provide medical care under contract. People with disabilities also have rights under Title II of the Americans with Disabilities Act and the Rehabilitation Act, which apply to jails and prisons.
The grievance rule that catches people
Federal law requires people in prison or jail to use the facility’s administrative grievance process before filing a lawsuit about conditions (the Prison Litigation Reform Act). Miss a step or a deadline in that process and the court can dismiss your case. If you or someone you love is still in custody, write grievances promptly, keep copies, and follow each appeal step. Do not wait for a lawyer to start the process.
Deadlines
The general limitations period for these claims in Colorado is two years, but the grievance process can have much shorter internal deadlines. For deaths in custody, different rules and deadlines may apply to the family’s claims.
Steps you can take now
- Ask for care in writing, such as through medical request forms, and keep copies.
- File a grievance for each denial or delay, and appeal every denial.
- Record dates, names, symptoms, and what staff said.
- Family members can request medical records and contact the facility, and should keep notes of every call.
Frequently asked questions
Does a bad outcome mean there is a claim?
Not by itself. The question is whether the people responsible knew about a serious need and disregarded it, and whether the disregard caused the harm.
Can my family sue if my loved one died in custody?
Possibly. The rules depend on the facts and on who is responsible.
Can I sue if I’m still in custody?
Yes, after completing the grievance process. We can evaluate your situation while you are still incarcerated.
Talk to a civil rights lawyer
Request a consultation or call (720) 316-8061. We accept calls and mail from people in custody. Calls, even from a family member or friend, are preferred.
This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome in any other matter.