Civil Liability Issues In Corrections

Annually, prisoners file more than 25,000 lawsuits against correctional personnel over a wide range of confinement issues. This book has been designed to keep personnel and students abreast of such litigation by addressing the varying topics, legal principles, and standards that have been developed by the United States Supreme Court. It provides an analysis of the civil liability issues that surface from confining detainees in jails and prisoners in adult institutions. Discussion of the trends in prisoner litigation for the past forty years is presented, combined with a legal analysis of the evolution of prisoners' rights and an examination of the impact of the Prison Litigation Reform Act of 1996. Ross also provides an assessment of the Federal Court system and a discussion of how Section 1983 lawsuits are litigated. Civil Liability Issues in Corrections reviews over 100 United States Supreme Court decisions and provides an assessment of numerous lower courts' decisions in applying the Court's standards in fifteen common prisoner litigation issues. Emerging themes are the use of force, cross-gender supervision, deaths in custody, medical/psychiatric care, and employee litigation against correctional managers; the book integrates case analysis and prior liability research in these correction content areas. Also included are an examination of line level officer and administrative liability responsibilities; a discussion on how to build a defense to future litigation; and a look at policy, training, and supervisory concerns.

Understanding case law in high-liability areas and performing the job within a legal framework places a criminal justice agency in the best position to defend against a lawsuit. This handbook addresses the problems confronting criminal justice practitioners and their agencies due to the ever-increasing number of civil liability lawsuits. It introduces the reader to civil liability generally and the federal law specifically, while indicating the steps that can be taken to minimize the risk of litigation. Civil Liability in Criminal Justice is one of very few texts on the subject that combines applicable case law and related liability research, a valuable feature for current and future policy makers and managers. Ross also provides an overview of current case law in high-liability areas, enhancing student knowledge and practitioner job performance.

The increasing litigation against criminal justice practitioners in the United States poses a significant problem for law enforcement and other personnel. Law enforcement and corrections professionals need to have a working knowledge of both criminal law and the civil law process to ensure that they are performing their duties within the limits of the law. Civil Liability in Criminal Justice, 7th Edition, provides valuable information and recommendations to current and future officers and correctional system employees, introducing them to civil liability and federal law, as well as recommending strategies that can be taken to minimize risks. Civil Liability in Criminal Justice is unique in its combination of applicable case law and related liability research, while still providing an overview of current case law in high-liability areas. This new edition, revised to include up-to-date United States Supreme Court cases, including liability trends on the use of force, arrest-related deaths, custodial suicides in detention, qualified immunity, and the outcomes of the Department of Justice and the application of Section 14141, additional context for liability issues, and extended coverage of collective bargaining and public perception, is a valuable resource for enhancing student knowledge and practitioner job performance. The text is suitable for undergraduate and graduate courses in Criminal Justice programs as well as for in-service and academy training. Ross offers an engaging, accessible introduction to this aspect of the US criminal justice system.

The number of lawsuits alleging misconduct on the part of criminal justice practitioners has increased in recent years, and the rise in the number of civil liability suits has profound implications for individual practitioners and their employing agencies. Criminal justice practitioners will undoubtedly continue to be sued due to the nature of their jobs. Law enforcement personnel place individuals in custody and often use force, sometimes deadly force, in performing their duties. Jail and correctional personnel impose limits on an individual's freedom of movement, and probation and parole officers also exercise considerable control over client lives. Although most criminal justice practitioners have a vague understanding that they can be sued, few have real knowledge of their potential civil liability. Civil liability is complex and varies according to jurisdiction, and developments in Federal law have greatly expanded the scope of civil liability. Local governments can now be held liable for the conduct of police officers and jail personnel. In addition, sheriffs, police chiefs, and mid- level supervisors can be held personally liable for the conduct of their subordinates. The author discusses civil liability in terms of differences between civil and criminal law and defines types of civil or tort actions that can be taken against criminal justice practitioners. The author also considers specific cases brought against criminal justice practitioners, administrators, supervisors, and agencies. Viable defenses available to criminal justice practitioners and agencies are described, as well as provisions of U.S. Code Section 1983 under which most lawsuits are brought in Federal court.

This text indicates law, administrative practice, and police operations have become so intertwined that police administrators can no longer be effective without understanding the principles of civil liability. The text addresses the impact of judicial decisions on issues confronting police officers, such as use of force, high- risk drug enforcement operations, abandoning citizens in dangerous places, negligent operation of emergency vehicles, failure to arrest intoxicated drivers, negligence at accident scenes, and death and suicide in detention. Findings of police science research are incorporated into legal discussions to place the law in a context meaningful to police officers and executives. The text also covers the scope and impact of police civil liability, fundamentals of State tort law and Federal liability law, and shifting concepts of police civil liability and law enforcement. A list of cases is included.