Prison Rights Let Us Be Your Sword & Shield

Honolulu Prison Rights Attorney

Protecting Prisoner Rights Across the United States

At Myles S. Breiner Attorney at Law, we strive to be the voice for incarcerated individuals. With our years of experience in tackling the most difficult of cases in Hawaii, on the mainland, and internationally, we are committed to ensuring justice is served even to the prisoners who feel powerless.

Schedule your initial consultation by calling us at (808) 219-0880 today.

What Are My Rights as a Prisoner?

The rights of a person who is incarcerated may vary slightly, depending on where they are incarcerated and at what stage of the criminal process their conviction may be. Inmates who are at the pre-trial stage have the right to be detained in humane facilities and cannot be punished or treated as guilty as they await trial.

For other inmates, they have the following rights:

  • Every inmate has the right to be free from inhumane treatment or anything considered as “cruel and unusual” punishment under the Eighth Amendment. Cruel and unusual punishments include drawing and quartering, disemboweling, beheading, public dissection, and burning alive.
  • Inmates have the right to complain about prison conditions and to voice their concerns to both prison officials and the courts.
  • Prisoners with disabilities have the right to receive certain reasonable accommodations under the American with Disabilities Act.
  • Inmates are entitled to get the medical care and mental health treatment that they need to recover.
  • Prisoners are able to practice their First Amendment rights, which includes freedom of speech, expression, religion, etc.
  • Like on the outside of a correctional facility, inmates are required to be free from racial segregation unless doing so would endanger them.
  • Inmates are entitled to adequate medical care.
  • Inmates are given the right to exercise their religion whether they are in a state or federal jail or prison.

When Your Rights Are Violated, Does the Prison Litigation Reform Act Prevent You from Suing?

The Prison Litigation Reform Act (PLRA) is a federal that was amended to curtail lawsuits brought by incarcerated individuals. There are several restrictions written in the provision that greatly impact how you can proceed with a lawsuit while in prison.

Such restrictions include:

  • The lawsuit must undergo the prison’s grievance procedure. If you directly file your lawsuit in federal court without undergoing the grievance procedure, it will most likely be dismissed.
  • Prisoners must pay court filing fees in full. One major complication of this procedure is that prison or the facility holding the prisoner is required to cooperative administratively in the process of assessing the court’s statutory fee.
  • Three strikes in filing your complaint forces you to pay the court filing fee up front should you file another case. Know that each lawsuit or appeal that you file counts as a strike.
  • You are unable to file a lawsuit for mental or emotional injury unless you can also show a physical injury.

Myles S. Breiner Attorney at Law has a low and successful history of advocating for prisoner rights under the most serious circumstances. Entrust your case to our passionate defense attorney and have your civil and human rights protected.

Have Your Rights Protected Even in Prison

At Myles S. Breiner Attorney at Law, we offer compassion, understanding and a passion for protecting prisoners.

Call us at (808) 219-0880 or contact us online for legal representation.

Unparalleled Legal Advocacy

An Attorney You Can Count On
  • Aggressive Defense

    Myles S. Breiner does not back down from a challenge. He provides an aggressive and strong defense to ensure that the rights of his clients are protected every step of the way.

  • Renowned Reputation

    Attorney Myles S. Breiner is well known in Honolulu for his legal work. He has gained a great reputation from his media appearances in high-profile cases.

  • Proven Track Record

    Providing strategic and aggressive representation has helped attorney Myles S. Breiner successfully handled thousands of cases.

  • Unparalleled Experience

    30+ years of dedicated service protecting the rights of those who were accused of a crime or suffered an injury due to the negligence of others.

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Put Your Case In Qualified Hands
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