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Detention Officer Legal Updates. Training Objectives. Analyze the test for “use of force” as set out in Hudson v. McMillian . 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.”

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training objectives
Training Objectives
  • Analyze the test for “use of force” as set out in Hudson v. McMillian.
  • 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.”
  • Apply the right of “access to courts” as set out in Lewis v. Casey.
training objectives3
Training Objectives
  • Determine the problems associated with the right of “access to courts.”
  • Identify what a law library should contain and compare alternatives to a free-standing library.
  • Compare and contrast the legal requirements for an arrestee strip search with an inmate search.
training objectives4
Training Objectives
  • Distinguish the legal issues associated with visitation.
  • Discuss frequently encountered First Amendment issues as they apply to the detention environment.
hudson v mcmillian
Hudson v. McMillian

“Unnecessary and wanton infliction of pain constitutes cruel and unusual punishment.”

key question

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.”

slide8

THE

FACTORS

  • 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
access to courts

Access to Courts

Law Libraries

bounds v smith
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
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.
slide12

AREAS

PROBLEM

strip searches
Strip Searches

www.newsprogress.com/jal/media/JailPix/cellstorage2.jpg

strip search construed by court
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
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
visitation
Visitation

News.bbc.co.ul/olmedia/180000/images/_182571_300prison.warder.jpg

first amendment issues

Mail

Religion

Reading Material

First Amendment Issues
training objectives21
Training Objectives
  • Analyze the test for “use of force” as set out in Hudson v. McMillian.
  • 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.”
  • Apply the right of “access to courts” as set out in Lewis v. Casey.
training objectives22
Training Objectives
  • Determine the problems associated with the right of “access to courts.”
  • Identify what a law library should contain and compare alternatives to a free-standing library.
  • Compare and contrast the legal requirements for an arrestee strip search with an inmate search.
training objectives23
Training Objectives
  • Distinguish the legal issues associated with visitation.
  • Discuss frequently encountered First Amendment issues as they apply to the detention environment.