The subject of this article are the issues of pecuniary claims of detained persons towards the State Treasury with regard to uncomfortable conditions in the Polish penitentiary system. The main factual basis of the claims for damages (compensation) was discussed as well as the legal evidence of brought pecuniary claims. The main trends of the jurisdiction of the Polish judiciary were presented in cases judged with consideration of the current interpretation of the evidence of liability for damages on account of wielding official authority.