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.

Civil Actions

Intentional Torts: The Plaintiff must suffer as a result of the breach of duty. 

Federal Lawsuits

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.