Chapter 18
Criminal Prosecution of Prison/Jail Staff
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
- Screws v. United States, 325 U.S. 91 (1945)
- United States v. Hickman, 766 Fed. Appx. 240 (6th Cir. 2019)
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
- United States v. Almodovar, 3:18–cr–00145–SDD–EWD (M.D. La.) (see above)
- United States v. Hickman, 6:15-cr-00042 (E.D. Ky.) (excessive force and deliberate indifference to serious medical needs)
- Examples of failure to treat prosecutions
- United States v. Barnes, 16-cr-185 (W.D. Okla. indictment filed Oct. 4, 2016) (failure to treat diabetes)
- United States v. Dominick et al., No. 2:15-cr-00289-KDE-DEK (E.D. La. filed Dec. 3, 2015) (failure to provide emergency medical care)
- Examples of failure-to-protect prosecutions (from another staff member’s assault, or from harm imposed by another prisoner)
- United States v. Mosley, No. 2:19-cr-00183 (M.D. Ala. May 3, 2019)
- United States v. Williams, No. 2:19-cr-00292 (M.D. Ala. Jul 10, 2019)
- United States v. Burks, 2:19-cr-00344-ALB (M.D. Ala. Sept. 11, 2019) (related prosecutions for failure to intervene in beating and abuse of prisoners by another officer)
- United States v. Carey, No. 3:19-cr-00026-GFVT (E.D. Ky. Mar. 24, 2019) (inducing another prisoner to assault the victim)
- 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
- 18 U.S.C. § 241, conspiracy to violate civil rights
- 18 U.S.C. § 242, willful deprivation of federal rights under color of law
- 18 U.S.C. § 371, conspiracy to commit any federal criminal offense
- 18 U.S.C. § 1001, knowingly and willfully making false statements regarding a matter within the jurisdiction of the federal government
- 18 U.S.C. § 1512, witness tampering, by physical force or its threat
- 18 U.S.C. § 1519, evidence tampering
- 18 U.S.C. § 2243, sexual activity between federal prisoners/detainees and custodial officials
- Mass. Ann. Laws. ch. 265, § 37, violation of civil rights under color of law
- N.D. Cent. Code §§ 12.1–14–01, “Official Oppression”
- Ohio Rev. Code § 2921.45, interfering with civil rights under color of law
Lived Experiences
Additional Reading
History of Civil Rights Prosecutions
- Robert K. Carr, Federal Protection of Civil Rights: Quest for a Sword 29 (1947)
- Robert K. Carr, Screws v. United States: The Georgia Police Brutality Case, 31 Cornell L. Rev. 48 (1945)
- Robert J. Kaczorowski, The Politics of Judicial Interpretation: The Federal Courts, Department of Justice and Civil Rights (1985)
- Michael J. Klarman, From Jim Crow to Civil Rights: The Supreme Court and the Struggle for Racial Equality (2004)
- Charles Herman Pritchett, The Roosevelt Court: A Study in Judicial Politics and Values, 1937–1947 (1958)
- Henry Putzel Jr., Federal Civil Rights Enforcement: A Current Appraisal, 99 U. Pa. L. Rev. 439 (1951)
- Harry H. Shapiro, Limitations in Prosecuting Civil Rights Violations, 46 Cornell L.Q. 532 (1961); 5 U.S. Comm’n on Civil Rights Report 45–62 (1961)
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
- Kevin Bliss, More Than 200 Convicted of Corruption at Baltimore Department of Corrections; More Charges Announced, Prison Legal News (Jun. 2020)
- Federal Judicial Center, Administrative Office of the U.S. Courts, Integrated Database
- Danielle E. Gaines, 25 State Corrections Officers Indicted for Excessive Use of Force, Maryland Matters (Dec. 2019)
- Missouri Prison Officials Sued for Punishing Inmates Who Seek to Disclose Misconduct; Speak to Lawyers, MacArthur Justice Center (Sept. 2017)