Civil Law and Liability Chapter 13 Shifting Directions Dr. Andrew Fulkerson Southeast Missouri State University

. . Shifting Directions. Dramatic changes in liability since 1960sMonroe v. Pape, Supreme Court held that officer may be sued under 1983Monell v. Dept. of Social Services, supervisors and local govt may be liable for "policy". . . Liability Protection. Government officials given qualified immun

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Andrew Fulkerson, JD, PhD Southeast Missouri State University Constitutional Rights of Prisoners Chapter 7 Religion in

Effect of Imprisonment on Religious Rights. First Amendment:

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Constitutional Rights of Inmates Chapter 11 Additional Litigation Andrew Fulkerson, JD, PhD Southeast Missouri State

Classification. Classification - assessment of inmate PersonalityBackgroundPotential. Classification. Assignment of inmate to specific status or institutional setting consistent with assessmentPurpose of classification is for rehabilitative and security assignmentClassification is an administ

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Andrew Fulkerson, JD, PhD Southeast Missouri State University Constitutional Rights of Prisoners Chapter 6 The Hole

Order Maintenance. Punitive isolation (penalty for violating rules)The jail's jailSolitary confinementReduced dietLimits on reading materialsLimits on outside exercise. Administrative Segregation. Isolation for reason other than punishmentProtective isolationIsolation during investigation.

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Dr. Andrew Fulkerson Southeast Missouri State University Civil Law and Liability Chapter 6 Administrative and Superviso

Chapter 6Administrative and Supervisory LiabilityGoal:To provide students with the potential liability issues specifically facing administrators under 1983Objectives:Describe the central management function in criminal justice agencies.Define policymakerDefine respondeat superior

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Constitutional Rights of Inmates Chapter 13 Civil and Criminal Liability Of Prison Officials Andrew Fulkerson, JD, Ph

Remedies for Violation of Inmate Rights. Judicial remediesAdministrative remedies largely unusedAdministrative remedies are good alternative to court. Federal Court Jurisdiction. Generally, federal court jurisdiction is limited to cases arising under"U.S. ConstitutionU.S. law United States Co

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Constitutional Rights of Inmates Comparative Law Andrew Fulkerson, JD, PhD

Naval History. The U.S.S. Constitution (Old Ironsides) as a combat vessel carried 48,600 gallons of fresh water for her crew of 475 officers and men. This was sufficient to last six months of sustained operations at sea. She carried no evaporators (fresh water distillers). . Naval History. Accordin

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Constitutional Rights of Inmates Chapter 12 Parole and Probation Andrew Fulkerson, JD, PhD Southeast Missouri State

Parole. Procedure where convicted defendant is sentenced to period of imprisonment, Serves final part of sentence outside prison.. Parole. Person remains under supervisionSubject to certain rulesPrisoner has served at least part of prison sentenceConditional release from confinementPerson is

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Prison Rape Elimination Act - PREA Constitutional Rights of Inmates Andrew Fulkerson, JD, PhD

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Andrew Fulkerson, JD, PhD Southeast Missouri State University Constitutional Rights of Prisoners Chapter 4 Right to V

Introduction. Inmates' visitation rights have been strictly limited by officials.Visitors must be approvedControlling visitation discretionaryDiscretion not be disturbed by court unless clear abuse of discretionDiscretion may not be used in discriminatory manner.. Visitation. Visitation procedu

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Andrew Fulkerson, JD, PhD Criminal Procedure Chapter 9 Identification Procedures

Identification Procedures. lineupsshow-upspicture identification. Identification. Lineups: witness attempts to identify suspect in a groupShow-up: witness attempts to identify suspect alonePicture identification: witness attempts to identify suspect from a group of photographs. Eyewitness

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Constitutional Rights of Inmates Chapter 14 Prison Litigation Reform Act Andrew Fulkerson, JD, PhD Southeast Missour

Prison Litigation Reform Act . Since 1960s number of prisoner civil rights lawsuits has grown steadilyOnly a few hundred filed in federal courts in 1960sOver 24,000 filed in 1988Over 41,000 filed in 1996Prisoner suits made up over 15% of federal civil caseload. Most Suits Had No Merit. Tempera

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Civil Law and Liability Chapter 12 Personnel Issues and Liability Dr. Andrew Fulkerson Southeast Missouri State Univers

Civil Law and LiabilityChapter 12Personnel Issues and LiabilityGoal:To provide students with common liability issues that emerge from personnel issues in the workplace.. Objectives:Define the types of actions that constitute sexual harassment in the workplace.Describe the United

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Andrew Fulkerson, JD, PhD Southeast Missouri State University Constitutional Rights of Prisoners Chapter 3 Use of For

Use of Force-Introduction. Physical force by officer against personLiability for excess forcePrior case law find liability only when force used to extent that it

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Andrew Fulkerson, JD, PhD Southeast Missouri State University Criminal Procedure Chapter 13 Pretrial, Trial and Convict

Trials. Article III, Section 2 of the U.S. Constitution provides for jury trials5th Amendment provides no person shall be compelled to be witness against himself6th Amendment provides: right to speedy trial by impartial juryright to confront witnesseshave assistance of counsel. Guilty Plea.

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Dr. Andrew Fulkerson Southeast Missouri State University Civil Law and Liability Chapter 2 Foundations of Liability

Foundations for Liability. Goal:To provide students with a basic understanding of varying types of liability.Objectives:Describe tort lawDescribe the criminal law systemDescribe the civil law systemDescribe the types of torts. Civil Liability - History. Liability based upon

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Chapter 9 Prison Disciplinary Proceedings Constitutional Rights of Inmates Andrew Fulkerson, JD, PhD Southeast Misso

Disciplinary Proceedings. Prison disciplinary actions determined by board or committee.Courts not involved in disciplinary actions of prison unless constitutional violation.Issue is whether there is a constitutionally protected liberty interest that has been violated.. Due Process. Due process is

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Constitutional Rights of Inmates Chapter 11 Additional Litigation

Constitutional Rights of Inmates Chapter 11 Additional Litigation. Classification. Classification - assessment of inmate Personality Background Potential. Classification. Assignment of inmate to specific status or institutional setting consistent with assessment

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Constitutional Rights of Inmates Chapter 8 Legal Services Andrew Fulkerson, JD, PhD Southeast Missouri State Univers

Legal Services. Fundamental element of due process clause of 14th Amendment is access to courtsIncludes right to hearing appropriate to the caseAt meaningful time and in meaningful manner. Legal Services. Ex parte Hull, 312 U.S. 546 (1940) state prison regulation required all inmate court proc

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Andrew Fulkerson, JD, PhD Criminal Procedure Chapter 7 Special Needs Searches

Special Needs Searches. Directed at people in general, not criminal suspectsCan result in criminal prosecutionDo not require warrants or probable cause. Special Needs Searches. Reasonableness depends on following routine practices; balances government needs against invasion of privacy. Inventory

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Andrew Fulkerson, JD, PhD Southeast Missouri State University Constitutional Rights of Prisoners Chapter 3 Use of For

Use of Force-Introduction. Physical force by officer against personLiability for excess forcePrior case law find liability only when force used to extent that it shocked the conscience.". Use of Force-Introduction. Current standard for seized person before or during arrest (Graham v, Conner, 1

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Dr. Andrew Fulkerson Southeast Missouri State University

Civil Liability and Federal Law: 1983 LitigationGoal:To provide students with an overview of 1983 litigation.Objectives:Describe the historical perspective of 1983 litigation and its purpose.Describe the essential elements of a 1983 lawsuit.Describe acting under color of law."

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