Legal Liability

Most Common Litigation Retaliation Medical Services Use of force Access to services Conditions of confinement (visitation, programs, exercise privileges, and food) First and Eighth Amendment rights, Administrative liability (failure to train, supervise or direct, etc.) Physical plant (facility) Failure to protect (safety, assaults, suicide prevention).

CIVIL RIGHTS: are a class of rights that protect individuals’ freedom from infringement by governments and private organizations, and ensure one’s ability to participate to participate in the civil and political life of the state without discrimination or repression. Youth in JRA are protected by Civil Rights

Lawsuits Lawsuits are filed to challenge the actions of correction’s staff or to question the policies and conditions of an institution. You cannot keep lawsuits from being filed. You can protect yourself from personal liability if and when a lawsuit occurs.

What are some behaviors & decisions that affect liability?

CIVIL RIGHTS - VIOLATIONS Inmates wanting to exercise their civil rights and those rights conflict with . . . a regulation (rule) or interest of the institution. The institution’s regulation results in a restriction which does not allow the inmate to exercise his or her civil rights.

Civil Rights Violation It is the responsibility of the court to resolve the conflict. Courts apply a balancing test to help articulate which is GREATER - the inmate’s need or the institution’s restriction. This balancing test is also known as the Turner Test

Turner Test The courts also determine if the institution’s restriction (rule) which conflicts with the inmates civil rights is: Valid & Reasonably related to a legitimate penological interest

Turner Test THE COURTS EVALUATE: Is there a rational connection between the restriction and the institutions need for the restriction? Are there alternative means for the inmate to exercise his or her right? Are there any alternatives to the restriction? What is the impact on correctional officers and inmates to accommodate the right?

Amendments Amendment I Amendment IV Amendment V Amendment VI Amendment VIII Amendment XIV

Grievance Most institutions have a grievance system to assist in addressing inmate concerns. Inmates are required to take their issues through the grievance system, BEFORE they can file a civil law suit. A department’s official “grievance system” must be certified by a Federal Court or U.S. Department of Justice.

Grievance Procedures When an inmate feels he or she has been deprived of one or more of their rights they can address their issue by one of two remedies: Administrative Remedy Judicial Remedy

Lawsuits The State requires the Attorney General to represent the officer if their acts were in good faith and within the scope of their official duties. Doctrine of Vicarious Liability

LAWSUITS The protection of officers by their employers does not apply in all circumstances: Sexual Harassment Criminal Violation