Civil Liability Issues In Corrections

by Ross, Darrell L.

• ISBN13: 9781594600838
• ISBN10: 159460083X
• Format: Paperback
• Copyright: 2005-07-01
• Publisher: Carolina Academic Press

Summary

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 U.S. 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 over 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 U.S. Supreme Court decisions and provides an assessment of numerous lower courts' decisions. 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.

Author Biography

Dr. Darrell L. Ross is a professor in the Department of Criminal Justice at East Carolina University.

Table of Contents

Preface	xiii
Acknowledgments	xv
Overview of the Trends and Impact of Prisoner Litigation	3	(16)
Trends in Correctional Litigation	4	(7)
Case Examples	11	(3)
Impact of Court Intervention	14	(1)
Summary	15	(1)
References	16	(2)
Cases Cited	18	(1)
American Law and the Court System	19	(22)
Criminal Law Versus Civil Law	20	(3)
Criminal Law	20	(2)
Civil Law	22	(1)
Rule of Law	23	(1)
Sources of American Law	24	(5)
Common Law	24	(1)
Case Law	25	(1)
Constitutions	26	(2)
Statutes	28	(1)
Administrative Rules	28	(1)
The United States Court System	29	(4)
State Courts	29	(1)
Federal Courts	30	(2)
United States Supreme Court	32	(1)
Guide to Case and Statutory Citations/Legal Research	33	(1)
Briefing a Court Case	34	(3)
Case Citation	35	(1)
Case Facts	35	(1)
Issue/Issues	36	(1)
Court Decision	36	(1)
Dissenting or Concurring Opinions	36	(1)
Comments/Case Significance (Analysis)	37	(1)
Standard/Principle of Law	37	(1)
Summary	37	(1)
References	38	(1)
Cases Cited	39	(2)
The Evolution and Restriction of Prisoner Rights	41	(28)
The Hands-Off Doctrine (1789--1964)	42	(4)
Punishment and Discipline in the Penitentiary	42	(1)
Legal Status of Prisoners	43	(2)
Gradual Erosion of ``Hands-Off''	45	(1)
Prisoner Rights Era (1962--1979)	46	(5)
Rationale for Granting Rights to Prisoners	46	(1)
Prisoners Possess Constitutional Rights	47	(4)
Restrained Approach/Deference Era (1979 to present)	51	(3)
Essential Developments Impacting Correctional Law	54	(9)
The Prison Litigation Reform Act, and the Antiterrorism and Effective Death Penalty Act	56	(7)
Summary	63	(1)
References	63	(2)
Cases Cited	65	(4)
Civil Liability and the Mechanics of Section 1983 Actions	69	(28)
History of Section 1983	69	(2)
Essential Components of Section 1983	71	(7)
Acting Under Color of Law	74	(1)
The Thrust of Section 1983 Actions	75	(1)
Using Section 1983	75	(1)
Bivens Actions	76	(2)
Remedies under Section 1983	78	(5)
Attorney's Fees	81	(1)
Payment for Damages	82	(1)
Official Immunity	83	(2)
Absolute Immunity	83	(1)
Qualified Immunity and Good Faith	84	(1)
Mechanics of a Section 1983 Lawsuit	85	(4)
Habeas Corpus Petitions	89	(3)
Summary	92	(1)
References	92	(1)
Cases Cited	93	(4)
Deliberate Indifference and Medical Care	97	(28)
Application of the Deliberate Indifference Standard	99	(19)
Deliberate Indifference to Adequate Medical Care	101	(3)
Claims for Delaying Medical Care	104	(2)
Deliberate Indifference and Psychological Care	106	(4)
Booking and Intake in Detention Facilities	110	(2)
Deliberate Indifference and Environmental Hazards	112	(3)
The Americans With Disabilities Act and Prisoners	115	(1)
Deliberate Indifference and AIDS	116	(2)
Summary	118	(2)
References	120	(1)
Cases Cited	121	(4)
Civil Liability and the Use of Force	125	(32)
Research on Use of Force in Corrections	126	(2)
Standards of Review Concerning the Use of Force in Corrections	128	(5)
Pre-Trial Detainees and Shocks the Conscience Test	130	(3)
Correctional Use-of-Force Standards Established by the Supreme Court	133	(5)
Whitley v. Albers (1986)	134	(1)
Hudson v. McMillian (1992)	135	(3)
Application of the Court Standards	138	(1)
Lethal Force	139	(11)
Use of Physical Tactics	141	(2)
Use of Restraints	143	(3)
Use of the Restraint Chair	146	(1)
Forced Cell Extractions	147	(1)
The Use of Pepper Spray and Other Less-Than-Lethal Equipment	148	(2)
Summary	150	(2)
References	152	(3)
Cases Cited	155	(2)
Civil Liability for Claims of Failure of Protect and for Prison/Jail Conditions	157	(30)
Claims Alleging Failure to Protect	158	(11)
Protective Custody	158	(1)
Standard of Review	159	(3)
Prisoner-on-Prisoner Physical Assaults	162	(1)
Enemies Within the System	163	(3)
Prisoner-on-Prisoner Sexual Assaults	166	(1)
Officer-on-Prisoner Assaults	167	(2)
Failure to Protect and Sexual Misconduct of Correction Officers	169	(13)
Sexual Assaults of Officers on Prisoners	171	(3)
Cross-Gender Supervision	174	(4)
Deliberate Indifference and Prison and Jail Conditions	178	(4)
Summary	182	(2)
References	184	(1)
Cases Cited	185	(2)
Liability and Wrongful Custodial Deaths	187	(28)
Plaintiff Assertions of Wrongful Custodial Deaths	188	(4)
Negligence Components	189	(1)
Special Duty of Care	190	(2)
Wrongful Custodial Death Claims under Section 1983	192	(9)
Excessive Force and Restraint Claims	193	(4)
Deliberate Indifference to Obvious Medical/Psychological Needs	197	(2)
Failure to Train Officers	199	(2)
Prisoner Suicides	201	(8)
Suicide and Deliberate Indifference	202	(2)
Suicidal Risk Factors	204	(3)
Allegations of Failure to Train	207	(2)
Summary	209	(2)
References	211	(1)
Cases Cited	212	(3)
Liability Issues Surrounding Searches and Segregation	215	(26)
Searches	217	(7)
Cell Searches	219	(2)
Strip Searches	221	(2)
Body Cavity Searches	223	(1)
Segregation	224	(9)
Lower Courts Application	230	(3)
Transfers of Prisoners	233	(3)
Summary	236	(1)
References	237	(1)
Cases Cited	238	(3)
Correctional Supervisor Liability	241	(32)
Managerial Duties and Potential for Liability	242	(2)
Liability Under Section 1983	244	(3)
Foundation for Liability	244	(1)
Who is the Policy Maker?	244	(3)
Theories of Supervisory Liability	247	(10)
Standard of Review	247	(1)
Hiring Practices	248	(3)
Negligent Entrustment	251	(1)
Negligent Assignment	252	(1)
Failure to Train	252	(5)
Failure to Direct	257	(2)
Failure to Supervise	259	(7)
Failure to Discipline and Negligent Retention	260	(3)
Sexual Harassment	263	(3)
Administrative Defense	266	(1)
Liability Reduction	266	(1)
Summary	267	(1)
References	268	(1)
Cases Cited	269	(4)
Civil Liability and the Impact on Corrections	273	(8)
Legal Standards	274	(1)
Correction Administration	275	(3)
Prison Litigation Reform Act	278	(1)
First Line of Defense	279	(1)
Cases Cited	280	(1)
About the Author	281	(2)
Table of Cases	283	(12)
Index	295