Correctional Law & Use of Force Knowledge Assessment Test Guide |100% Correct|

Correctional Law & Use of Force Knowledge Assessment Test Guide |100% Correct| 2 types of legal actions that can be arise following an inmate suicide. *Ans* 1. Tort claim (negligence) 2. Civil rights action (deliberate indifference / violation of a constitutional right) 2 types of supervisor liability: *Ans* 1. Failure to supervise 2. Failure to train 2 ways both officers and the agency can avoid suicide liability. *Ans* 1. Suicide screenings/questioner at intake 2. Suicide monitoring according to policy (10/15 minute checks) 3 things you can do to avoid litigation *Ans* 1. Be Reasonable 2. Document 3. Notify your Supervisor 3 types of lawsuits filed by inmates: *Ans* 1. Tort suit/claim 2. Civil rights action 3. Habeus corpus petition 5 Justifications Of Force *Ans* D - Destruction of Property E - (Escape) To prevent escape A - Affect arrest T - Trespass H - Harm to self or others / Self defense A "good faith" defense is defined as: *Ans* No willful harm or violations of constitutional rights; the actions were within legal authority-or reasonable perception of authority And the actions were without bias, malice, personal interest or unlawful motive. A handicapped, minimum classification inmate who uses a walker was placed in restrictive housing (single cell) due to his condition, receiving 1 hour of out of cell time a day. The institution feels that the walker could pose a security threat in general population. No reasonable attempts to accommodate have been made. The inmate feels he is being treated unfairly, and that the institution is in violation of the ADA. Is the institution in compliance with ADA? *Ans* No, the institution is not in compliance with ADA. The institution should at least attempt to reasonably accommodate in providing fair treatment. A Reasonable Officer is compared to: *Ans* An officer with similar training and experience, given a similar set of circumstances, that would react in a similar manner. A transgender inmate with female genitalia but who identifies as male is booked into jail and requests that a male officer conduct the pat search at intake. The male officer conducts the pat search. The officer documents the inmates request and search, and also has the inmate sign a agency form for these types of circumstances in which the inmate agrees to sign. Did the agency and the officer stay in compliance with PREA searching standards? *Ans* Yes, this is one of the approved 3 options PREA gives when searching transgender inmates in asking the inmate to identify the gender of staff with whom they would feel most comfortable, and then documenting this preference at intake. Abbott v Thornburgh (1989) *Ans* In this case, the courts decided that to reject mail, the facility must prove that the material advocated some type of safety risk or breech in security. Americans with Disabilities Act (ADA) *Ans* Prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications and governmental activities. (confined in a correctional institution) Ultimately comes down to appropriate accommodations and equal treatment. An inmate who is a practicing Muslim is booked into jail and has a religious head covering. Per agency policy, due to the safety and security of the facility, the religious head covering needs to be removed from the inmate and searched. The agency provides their own prayer rugs, Qurans and religious head coverings for practicing Muslims, but does not allow any inmate to have their own personal items in the facility. The inmate is claiming that his 1st Amendment rights have been violated... *Ans* According to Turner v Safley and O'lone v Estate of Shabazz, and the established standard/test used to balance an inmates right and an institutions need to restrict that right, the agency has been reasonable in accommodating practicing Muslims being as least restrictive as possible. Basic principles of a quality report: *Ans* 1. Factual not opinion (limit opinions and label them as such) 2. Accurate and complete (all pertinent details in chronological order from what you experienced; who, what, when, where, why and how) 3. Objective and to the point (all the facts without additions or deletions) 4. Proof read (always a second set of eyes to review; grammatically correct, no spelling errors, no slang or jargon. The report reflects your image as a professional) 5. If you didn't report it it didn't happen; your report might be the only record of what happened during a particular event years down the road) Bell v Wolfish (1979) *Ans* The United States Supreme Court found that it was not a violation of the 4th Amendment to conduct intrusive body searches on pre-trial detainees. It also held that the "double bunking" practice does not deprive pretrial detainees of their liberty without due process of the law. The courts held that the possible innocence of pre-trial detainees should not prevent corrections officials from taking necessary steps to maintain their facility. Brooks v City of Seattle (2010) *Ans* During a traffic stop, the plaintiff refused to sign the violation and eventually refused to get out of the car and comply with Officer Jones. Officer Jones tased the plaintiff 3 times in drive stun mode. Brooks claimed excessive for