Prepared by the Law Office of Vincent J. Sanzone, Jr. as a Public Service
N.J.S. 59:5-2(b)(4) states that the State of New Jersey and its employees (correctional officers) are absolutely immunity and are not liable for any injury caused by a prisoner to any other prisoner.
Inmate-on-inmate assaults, which include sexual assaults, violent physical assaults, threats, intimidation, harassment, and to a lesser extent rape, are not uncommon in the New Jersey prison system?
In addition, even more common is the psychological depravity administered to inmates by both other prisoners and some corrections officers, whom seem to enjoy bestowing psychological torture on inmates under their control and custody.
However, the immunity enjoyed under state law does not apply to federal law which is found at 18 U.S.C. §1983 which allows an inmate to bring a lawsuit against correction officials and officers who act with deliberate indifference in protecting the rights of inmates incarcerated. Therefore, allowing a weaker inmate to be housed in the vicinity of a violent inmate without adequate controls would show that the correctional officer acted with deliberate indifference.
If you have been subjected to such treatment you should have a private consultation with the law office of Vincent J. Sanzone, Jr.
October 11, 2013
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