Incarceration and the Law

CASES AND MATERIALS

Chapter 18

Criminal Prosecution of Prison/Jail Staff

Photo of excerpt of Civil Rights Act of 1866
Civil Rights Act of 1866, now codified as 18 U.S.C. 242

Chapter Overview

Egregious abuse by correctional staff may trigger criminal prosecution. After presenting the case law and statutes germane to that topic, this chapter presents some examples of litigation materials used in state and federal criminal prosecutions.

Featured Opinions

Featured, Cited, and Supplemental Litigation Documents

  • U.S. Department of Justice, Annual Statistical Reports 
  • United States v. Almodovar, No. 3:18–cr–00145–SDD–EWD (M.D. La.)
  • Examples of medical neglect prosecutions

  • Examples of failure to treat prosecutions
  • Examples of failure-to-protect prosecutions (from another staff member’s assault, or from harm imposed by another prisoner)
  • Examples of sexual assault prosecutions
    • United States v. Baldinger, No. 1:18-cr-01965-JAP (D. N.M. filed June 13, 2018) (sexual assault by a private prison transport officer, indicted under § 242, knowingly possessing a firearm in furtherance of a crime of violence, indicted under § 924(c)(1)(A))
    • United States v. Johnson, No. 4:17-cr-00214-WTM-GRS (S.D. Ga. filed Aug. 16, 2017) (sexual assault and coercion to cover up, convicted under § 242)
    • United States v. Shaw, No. 2:13-cr-00660-FSH (D. N.J. filed Oct. 7, 2013) (indicted under § 242 for aggravated sexual abuse)

Statutes, Treaties, and Regulations

Lived Experiences

Additional Reading

History of Civil Rights Prosecutions


Modern Prosecution Practices, Doctrine, etc.

  • Mike Allen, Eric Holder’s Parting Shot: It’s Too Hard to Bring Civil Rights Cases, Politico (Feb. 27, 2015)
  • Arthur B. Caldwell & Sydney Brodie, Enforcement of the Criminal Civil Rights Statute, 18 U.S.C. Section 242, in Prison Brutality Cases, 52 Geo. L.J. 706 (1964) (no free online version available; via Hein Online here)
  • Brian R. Johnson & Phillip B. Bridgmon, Depriving Civil Rights: An Exploration of 18 U.S.C. 242 Criminal Prosecutions, 2001–2006, 34 Crim. J. Rev. 196 (2009)
  • Frederick Lawrence, Punishing Hate: Bias Crimes Under American Law 136 (1999)
  • Frederick M. Lawrence, Civil Rights and Criminal Wrongs: The Mens Rea of Federal Civil Rights Crimes, 67 Tul. L. Rev. 2113 (1993)
  • Daniel C. Richman, Kate Stith, & William J. Stuntz, Defining Federal Crimes (2018)
  • U.S. Att’y’s Office, N.D. Cal., Press Release, Ninth and Tenth FCI Dublin Correctional Officers Charged with Sexual Abuse of Female Inmates (Jun. 25, 2025)


Additional Sources

Bonnie Tenneriello

Bonnie Tenneriello is Solitary Confinement Project Director and a Senior Attorney with Prisoners’ Legal Services of Massachusetts. Much of her litigation has focused on solitary confinement, including the pending case Evelyn v. DOC, which challenges the Massachusetts DOC’s evasion of solitary confinement reform.  She has also written on this topic for the Boston Review.  Recent litigation also includes Doe v. Mici, which challenges the use of prisons to house people civilly committed for substance use disorder.  She serves on the Board of Directors of the Massachusetts Chapter of the National Lawyers Guild.