Civil Rights & Police Misconduct

Wisconsin Jail Failure to Protect Lawyers

Jails Must Protect the People in Their Custody from Violence

Jails Must Protect the People in Their Custody from Violence

People who are incarcerated cannot choose their surroundings, avoid dangerous individuals, or call for help on their own. Because the state strips them of the ability to protect themselves, the Constitution requires correctional staff to take reasonable steps to protect them from violence at the hands of other inmates. The Supreme Court held in Farmer v. Brennan that officials violate the Eighth Amendment when they are deliberately indifferent to a substantial risk of serious harm to a detainee.

Strang Bradley represents people across Wisconsin who were seriously injured — and the families of those killed — because jail or prison staff ignored a known danger. We hold those officials and their institutions accountable.

What Failure to Protect Looks Like

  • Housing a vulnerable detainee with a known violent or predatory inmate
  • Ignoring explicit threats or repeated requests for protective custody
  • Failing to separate rival groups or known enemies
  • Inadequate supervision, monitoring, or cell checks that allow assaults to occur
  • Understaffing that leaves dangerous areas unwatched
  • Ignoring a clear and documented pattern of violence in a unit
  • Failing to intervene during an assault that staff could see or hear

 

What to Do After a Failure-to-Protect Injury

  1. Seek immediate medical care and ensure all injuries are fully documented.
  2. Preserve any grievances, requests for protective custody, or written warnings made before the assault.
  3. Request preservation of surveillance footage, housing and classification records, incident reports, and staffing logs.
  4. Identify witnesses — both detainees and staff — to what happened and to any prior warnings.
  5. File any necessary notices of claims that may apply.
  6. Contact a civil rights attorney promptly to preserve evidence and deadlines.

 

Constitutional and Wisconsin Law

Failure-to-protect claims are brought under the Eighth Amendment (convicted prisoners) or the Fourteenth Amendment (pretrial detainees) through 42 U.S.C. § 1983. The county or municipality may be liable under Monell where the harm reflects a policy, inadequate staffing or training, or a pattern of ignoring inmate safety. Where an assault is fatal, Wisconsin’s wrongful death law (Wis. Stat. § 895.03) may provide additional claims.

Compensation You May Be Entitled To From A Failure-to-Protect Claim

  • Medical expenses and future care
  • Lost wages and earning capacity
  • Pain, suffering, and psychological trauma
  • Compensation for the constitutional violation itself
  • Punitive damages against individuals in egregious cases
  • Attorney’s fees under 42 U.S.C. § 1988

 

Why Choose Strang Bradley for a Failure-to-Protect Case

Proving what staff knew before an assault requires digging into classification files, grievance histories, and staffing records the institution would rather keep buried. Our attorneys know how to obtain and analyze those records, depose correctional staff, retain corrections experts, and present these cases to juries with the seriousness they demand.

Strang Bradley’s History of Winning Jail Failure to Protect Cases

A selection of the Jail Failure to Protect cases the firm has recently filed, won on summary judgment, and obtained judgments in.

Recent Cases Filed

  • Summers v. Dunahay et al

    No. 3:25-CV-00324 (W.D. Wis.)

    Date Case Filed: 4/25/25

    Defendants: Erin Dunahay, Elizabeth Tegels, Casey Jensen, Jeremiah Curtis, Kristine Smetana, James Nyhus, Nicholas Klimpke, and Blake Weikel

    Claims:

    View Filed Complaint

In the news

Answers

Jail Failure to Protect FAQs

  • Isn't violence in jail unavoidable?

    Some risk exists, but officials still must take reasonable steps to protect detainees. When staff ignore a known, substantial risk — like a documented threat or a request for protective custody — and serious harm results, that can be a constitutional violation.

  • What if my family member warned staff before the attack?

    That may be powerful evidence. Prior threats, grievances, or requests for protection help establish that officials knew of the danger and disregarded it.

  • How long do we have to act?

    Move quickly. Evidence can disappear, and some claims require you to give notice to the government.

Were you injured in jail? Let’s talk.

Consultations are free and confidential. Tell us what happened and we will tell you how we can help.