Detenti on Officer Legal Updates
Mar 27, 2015
Detention Officer Legal Updates
Training Objectives
1. Analyze the test for “use of force” as set out in Hudson v. McMillian.
2. Identify the five factors a court will inquire into to determine if force was used “in a good faith effort to maintain or restore discipline.”
3. Apply the right of “access to courts” as set out in Lewis v. Casey.
Training Objectives
4. Determine the problems associated with the right of “access to courts.”
5. Identify what a law library should contain and compare alternatives to a free-standing library.
6. Compare and contrast the legal requirements for an arrestee strip search with an inmate search.
Training Objectives
7. Distinguish the legal issues associated with visitation.
8. Discuss frequently encountered First Amendment issues as they apply to the detention environment.
Use of Force
Eighth Amendment prohibits cruel and unusual punishment
Fourteenth Amendment guarantees due process
Hudson v. McMillian
“Unnecessary and wanton infliction of pain constitutes cruel and unusual punishment.”
Key Question:
“Whether force was applied in a good faith effort to maintain or restore discipline or maliciously and sadistically for the very purpose of causing harm.”
Need for application of force Relationship between need for use of force
and the amount of force used The threat reasonably perceived by the
responsible officials Efforts used to temper the use of force The extent of injury suffered by the inmate
THETHE FACTORSFACTORS
Access to
Courts Law Libraries
Bounds v. Smith
Requires prison authorities to assist inmates in preparation and filing of meaningful legal paperwork by providing prisoners with adequate law libraries or adequate assistance from persons trained in the law
“Law library” case
Lewis v. Casey
Right to access narrowed to apply in inmates’ direct or collateral attack on their convictions and to issues dealing with confinement.
Right does not extend to other civil matters.
Does not overrule Bounds, but limits its application.
PROBLEM
AREAS
Contents of Law Library
ALTERNATIVES
Strip Search
es
www.newsprogress.com/jal/media/JailPix/cellstorage2.jpg
Strip Search Construed by Court Very broadly
Not limited to requiring a person to remove all their clothing for a visual examination by an officer
Would include officer observing the arrestee dressing out and showering
A pretrial detainee not arrested for weapons or contraband:
May not be strip searched routinely
A policy of strip searching all arrestees regardless of the existence of reasonable suspicion is unconstitutional
SearSearch of ch of CellsCells
Visitation
News.bbc.co.ul/olmedia/180000/images/_182571_300prison.warder.jpg
First Amendment Issues
Religion
Reading Material
Training Objectives
1. Analyze the test for “use of force” as set out in Hudson v. McMillian.
2. Identify the five factors a court will inquire into to determine if force was used “in a good faith effort to maintain or restore discipline.”
3. Apply the right of “access to courts” as set out in Lewis v. Casey.
Training Objectives
4. Determine the problems associated with the right of “access to courts.”
5. Identify what a law library should contain and compare alternatives to a free-standing library.
6. Compare and contrast the legal requirements for an arrestee strip search with an inmate search.
Training Objectives
7. Distinguish the legal issues associated with visitation.
8. Discuss frequently encountered First Amendment issues as they apply to the detention environment.