Across our state, from prisons in Rankin County, South Mississippi, East Mississippi (Meridian), and Wilkinson, to the county jails in Rankin and Hinds County, families keep getting the same call — a loved one has been beaten, stabbed, or found unresponsive inside a Mississippi state prison or county jail.
Even more disturbingly, families often hear the news from other inmates, and the family informs jail or prison guards that their loved one is hurt or possibly deceased – in the same building in which the guards are to protect inmates from harm, among other things.
Too often, guards are absent or turn a blind eye, or video footage suddenly disappears, or known rival gang members are housed together. Under federal law, that’s more than a tragedy — it can be a constitutional violation. When correctional officers or private contractors ignore serious risks, families have the right to file a civil-rights claim under 42 U.S.C. § 1983 for failure to protect inmates from harm/death, and/or delayed or denied access to adequate and timely medical care.
What “Deliberate Indifference” Means
The Eighth Amendment protects inmates from cruel and unusual punishment— including deliberate indifference to their safety or medical needs. Mississippi courts have seen repeated examples at facilities like EMCF and WCCF where chronic understaffing and gang control have made violence inevitable.
Deliberate Indifference: When staff and/or agents know of a substantial risk of serious harm but do nothing, they can be held liable under § 1983 because of their deliberate indifference to inmates’ well-being and safety.
Real-World Examples from Mississippi Facilities
At East Mississippi Correctional Facility (EMCF), federal courts and Department of Justice (DOJ) investigators have documented conditions that make assaults predictable — broken locks, blind spots in surveillance, and cell assignments that mix rival gangs. At Wilkinson County Correctional Facility (WCCF), similar neglect has resulted in deaths and serious injuries, often because only one officer was on duty in a building of over 150 men. (See Inside Mississippi's Private Prisons: A Complex Web of Power and Control)
Common Evidence: Incident Reports, Video, and Medical Records
Families pursuing civil-rights claims should preserve every possible record — medical charts, use-of-force reports, and video footage. Many private prison contractors (like MTC) use platforms that overwrite footage within days. Having a lawyer to demand footage and preservation of records immediately is paramount to your claim.
Damages Recoverable: Pain, Suffering, and Wrongful Death
Inmates and their families can recover damages or monetary payment for physical and emotional pain, medical expenses, and in some cases, punitive damages for reckless disregard. If the inmate dies, Mississippi’s wrongful-death statute allows family members to pursue both survival and wrongful-death claims.
Why Hiring a Civil-Rights Lawyer Quickly Matters
Time is critical. Evidence disappears fast, and government defendants often claim “qualified immunity.” As mentioned in June’s blog “Civil Rights Litigation: 42 U.S.C. § 1983 and Wrongful Death Claims,” a federal judge in Mississippi stated qualified immunity was an “unconstitutional error. It is past time for the judiciary to correct this mistake.”
(See Civil Rights Litigation: 42 U.S.C. § 1983 and Wrongful Death Claims).
Coxwell & Associates, PLLC, has extensive experience uncovering records, preserving video, and proving deliberate indifference in cases involving Mississippi prisons and jails.
If your loved one was hurt or killed in a Mississippi prison or jail, call Coxwell & Associates, PLLC today. Our attorneys investigate prison assaults, overdoses, and neglect statewide, because every life counts.