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

Mail

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.