Knowing your rights can be valuable in a lot of situations – especially when you’re being arrested and taken into custody. Certain rights can and will be taken from you upon arrest, however, others cannot (or aren’t supposed to be, at least). Below is a list of rights that inmates have.

The Right to Remain Free from Harassment

Generally, inmates have a right to be housed free from the harassment of other prisoners and prison staff. If an inmate reports that they are being harassed, or that prison staff put them in a situation in which they can be harassed, there is a process in place by which the complaint can be addressed.

First Amendment Rights

Your First Amendment rights are granted to you insofar as they do not affect your status as an inmate. These include protection from inhumane treatment and the right to be present when prison officials open the inmate’s legal mail.

Freedom from Discrimination

Prisoners have the right to live free from discrimination on the basis of religion, race, age, gender, or anything else protected by the US Constitution. In situations where discrimination occurs, courts will scrutinize the case and decide if the discrimination is according to the Constitution or if it is Unconstitutional.

The Right to Medical Care

When an inmate is sick or injured, they have the right to medical care. This right is often seen first-hand when an injured arrestee is taken to the hospital before the police station to undergo booking and processing.

However, inmates do not have the right to particularly good medical care. For example, if an inmate has a cavity, the jail will allow the tooth to be pulled but not filled.

The Right to Mental Health Care

Inmates are also eligible for mental health care. However, much like medical care, it is limited and not particularly high quality.

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