It is important to remember that even incarcerated inmates are entitled to their constitutional rights. People sustaining injuries may have to deal with soverign immunity when it comes to certain lawsuits. In Pennsylvania, there are many different constitutional protections given to those who are incarcerated. Constitutional issues with Parolees Some of these rights are the Eighth Amendment protection from cruel and unusual punishment, protection from sexual harassment or sex crimes, rights to complain about prison conditions, medical and mental healthcare, basic First Amendment rights, and protection against discrimination. Unfortunately, these rights are breached on a daily basis for many prisoners across the country. In some instances, it is possible for prisoners to sue and get just compensation for what they have been through. Although that is ideal, it is not unusual for county and state prisons to be protected from liability. This concept is known as sovereign immunity.