Discussions about police brutality and excessive force by law enforcement professionals often focus on the conduct of officers chasing or arresting suspects. However, the people staffing county jails in Illinois are also technically law enforcement professionals who act as agents of the state.
They are also subject to legal restrictions on their use of force. Unfortunately, people waiting for trial in county jail might endure unnecessary violence and aggression from correctional officers tasked with their care. When that happens, an defendant-turned-inmate injured while in state custody may have grounds to take legal action.
The 14th Amendment limits the use of force
Law enforcement professionals cannot do whatever they want to the people they pursue or those in state custody. They generally need to use the least amount of force necessary for their safety, the safety of others and the apprehension of a person implicated in criminal activity.
For those not yet convicted of a crime, the 14th Amendment’s due process clause protects them from unreasonable force that could constitute punishment for a crime. Especially because they have not yet been convicted in a court of law, punishing them with violence over allegations is a violation of their rights.
Some correctional officers have experienced trauma that may make them overreactive to inmates in certain scenarios or to inmates with certain personal characteristics. Other times, people working as correctional officers may have strong feelings about people accused of specific types of crimes.
Regardless of whether the law enforcement professionals involved have a history of excessive force or not, the use of unnecessary violence to subdue or punish a person in state custody can constitute a serious violation of their civil rights. Especially in cases where criminal proceedings eventually vindicate the person injured in state custody, there may be every reason to question a police officer’s claim that they use force for their own protection.
Reviewing the circumstances of excessive correctional officer force while in county jail awaiting trial with the assistance of a skilled legal team can help defendants awaiting charges and other inmates understand their rights. If brutality or excessive force injured an inmate, they may have grounds for a lawsuit. The advocacy of an attorney can help people demand accountability from those who abuse their authority as agents of the state.
