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Prisoner Rights

Prisoner Rights

The prison system in the U.S. is designed to rehabilitate those who are incarcerated, but many prisons, prison administrators, prison guards, and prison medical staff fall short of their obligations and deprive their inmates of human dignity, safety, and the reasonable health care every person in prison deserves.  If you or a loved one has suffered injury or death while incarcerated in prison, we want you to know you are not alone.  At Hallinan & Killpack, our Prison Negligence and Prison Wrongful Death practice is dedicated to obtaining just compensation for those whose rights have been improperly stripped from them.  We are very proud that Hallinan & Killpack’s prisoner civil rights team is headed by Kirstin Eidenbach, who is widely known as one of the top attorneys working in the field of prisoner civil rights.  We have the experience and dedication you need, and we fight when it seems like no one else will.

Please contact us today.  There are many strict deadlines and remedies that must be exhausted to protect your potential claim.  Any delay or failure to adhere to these strict deadlines, could result in you losing your potential claim.  We look forward to meeting with you and learning about your individual situation, so we can analyze your options and fight for your civil rights.


The Civil Rights of Prisoners

Both federal law and the Constitution protect the civil rights of prisoners.  The Eighth Amendment protects individuals from punishments that could be considered “cruel and unusual.” Those in prison also have the right to:

Humane facilities and conditions.
Express complaints about the conditions of facilities.
Medical care and attention as needed.
Appropriate mental health care.
Be free from sexual crimes, religious discrimination, and racial segregation.
Protections afforded by the Americans with Disabilities Act (ADA).
Have a hearing if they are to be moved to a mental health facility.

Above all, prisoners have the right to be treated humanely.  Yet, sometimes men and women in prison are deprived of these rights.  When that happens, Hallinan & Killpack fights.  Contact us today.


Exercising Your Right to Litigation

Prisoners do have the right to file a lawsuit alleging the violation of their rights, such as physical abuse by guards or the denial of necessary medical care. 

Kirstin Eidenbach at Hallinan & Killpack has a wealth of in-depth knowledge and experience in prisoner rights protection.  Our experienced attorneys and staff will help you and your family navigate each step of the process. Kirstin is ready to help you navigate the complex process of obtaining just compensation for violations of prisoner civil rights, which includes:

Exhaustion of all available administrative remedies, as per the Prison Litigation Reform Act (PLRA)
Tirelessly pursuing the grievance processes
Investigating and understanding qualified immunity for state and federal prison employees
Following federal tort claim procedures if the incident occurred in federal prison.
Filing a lawsuit and aggressively representing your interests in court.

Our never-ending mission is to simplify the legal landscape for our clients and improve how our prisons operate.  We are always ready to speak with you and answer questions you may have.


The government should protect the rights of individuals, but far too often, it fails. Our legal team sees it every day. We frequently work with prisoners and their families who have been the victims of government failures. We are outraged by what we see men and women in prison endure, some of which, we believe, is intentional and malicious actions by government employees and prison administrations.

Kirstin Eidenbach and the team at Hallinan & Killpack believe that every person who is prison or jail deserves dignity, respect, and compassion. There are far too few attorneys helping our prisoner population overcome injustice that is so prevalent in the prison system.  Not only do we bring passion to our practice but we also bring a wealth of experience to each case, along with a strategic mindset and innovative tactics designed to safeguard our clients’ legal rights.

What to Expect When You Partner with Us

When you partner with Hallinan & Killpack, you can expect compassion and respect. We understand that it can be stressful and overwhelming to be at the mercy of the prison system and to feel as if there is no hope to change anything, but there is hope and we have your back. Kirstin Eidenbach and the rest of our legal team will always treat you as a human being first and foremost. 

We will work closely with you and your family to help you navigate each step of the legal process. We provide personalized attention and a custom approach to each case. After all, no two clients or cases are exactly the same. 

Our team understands the challenges of obtaining reliable information and communication while behind bars. We can help you overcome those challenges. You will be able to make an appointment and speak with your attorney whenever you need assistance or information.  We thoroughly train our staff to answer many of your questions, but  if you want or need to speak with an attorney, you will speak with an attorney.

Take the Next Step

If you or a loved one has concerns about prison negligence, prisoner civil rights, or wrongful death while incarcerated, please contact Hallinan & Killpack right away.  We can be reached by phone at 520-320-5240, by email at, or by legal mail from prison.  We look forward to fighting for you.

For those currently incarcerated: Please request a legal phone call or send documentation or letters through legal mail to prevent your communication from being improperly monitored by authorities. Do not provide any sensitive information intended for an attorney unless you are communicating through a legal call or legal mail. 

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