Jun. 14, 2023
1:00pm - 4:00pm
Primex Training Facility
For directions, click here
Corrections officers may believe that they will be exposed to liability for all of their actions, both proper and improper. The fact of the matter is that most courts have avoided second guessing their actions and have only sanctioned the most egregious conduct. The presentation will cover the various levels of liability that may exist when a Corrections Officer’s actions are deemed improper.
This presentation will offer an overview liability in the field of Corrections including:
Overview of Jail Liability
While Jail/Correction officers may believe that they will be exposed to liability for all of their actions, both proper and improper, the fact of the matter is that most courts have avoided second guessing police actions and have only sanctioned the most egregious conduct. There are various levels of liability that may exist when a jailers actions are deemed improper.
Intentional Torts: The Plaintiff must suffer as a result of the breach of duty.
When a federal lawsuit is filed under §1983 for violations of federal rights there is no vicarious or respondent superior liability. In such a case, in order to get the agency on the hook as a defendant, the plaintiff has to prove that the agency did something wrong that led the officer to act in the manner that he or she did.
Violations of Civil Rights—42 U.S.C. sec. 1983. This type of lawsuit is the type that most jails often face.
Pattern and Practice Lawsuit - Under USC §14141 it is unlawful for a Jail/Correction agency to allow its members to participate in a pattern and practice of violating civil rights.
The presentation will also discuss:
- Understanding Judgement and Qualified Immunity in the Defense of Jail/Correction Officers
Summary Judgment: Even if the person bringing the lawsuit story is taken as true there was no violation of the Constitution.
Qualified Immunity: Even if the person bringing the lawsuit story is taken as true and there was a violation of the Constitution, the law was not clearly established at the time the jail officer acted.
Jack Ryan is an Attorney in Rhode Island, a graduate Juris Doctorate, Cum Laude Suffolk University Law School and has 20 years of law enforcement experience as a police officer with the Providence Police Department, Providence, Rhode Island.
Jack’s law degree and experience as a police officer gives him the unique perspective of public safety legal and liability issues. Jack is a former adjunct faculty member at Salve Regina University and lectures frequently throughout the United States. He has authored several legal publications, including the LLRMI Best Selling “Legal Guide for Law Enforcement Officers and Supervisors” – an annually updated quick reference guide to U.S. Supreme Court case law impacting law enforcement policies and procedures. Jack has authored “Law Enforcement Best Practices” 6th Edition, “Jail and Best Practices” and Emerging Legal Trends for SWAT, Tactical and Emergency Response Operations.” Jack has written policies and procedures that have been adopted by over 1,000 law enforcement and corrections agencies across the United States.
As an IACET Accredited Provider, Primex3 offers CEUs for its programs that qualify under the ANSI/IACET standard.