North Dakota Century Code Title 12. Corrections, Parole, and Probation § 12-47-26. Uniform kindly treatment of inmates

1. The warden and all officers of the penitentiary uniformly shall treat the inmates of the penitentiary with kindness, and the warden shall require of the officers and guards that, in the execution of the officers' and guards' respective duties, the officers and guards in all cases shall refrain from boisterous and unbecoming language in giving orders and commands. Corporal or other painful or unusual punishment may not be inflicted upon the inmates of the penitentiary for violation of the rules and regulations of the penitentiary.

2. A facility under the control of the department of corrections and rehabilitation may not:

3. An offender in the custody of a facility claiming to be aggrieved by a violation of subsection 2 may assert, after exhausting appropriate administrative remedies, that violation as a claim or defense in a judicial proceeding and, if the offender is the prevailing party, may obtain appropriate relief, including costs and reasonable attorney's fees.