Detention Officer Legal Updates

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Detention Officer Legal Updates
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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.

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Training Objectives

1. Determine the problems associated with the right
   of access to courts.
2. Identify what a law library should contain and
   compare alternatives to a free-standing library.
3. Compare and contrast the legal requirements for
   an arrestee strip search with an inmate search.

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Training Objectives

1. Distinguish the legal issues associated with
   visitation.
2. Discuss frequently encountered First Amendment
   issues as they apply to the detention environment.

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Use of Force
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Hudson v. McMillian

• Unnecessary and wanton infliction of pain
  constitutes cruel and unusual punishment.

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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.

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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

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Access to Courts

• Law Libraries

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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

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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.

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AREAS
PROBLEM
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Contents of Law Library
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ALTERNATIVES
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Strip Searches
www.newsprogress.com/jal/media/JailPix/cellstorage
2.jpg
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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

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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

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Search of Cells
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Visitation
News.bbc.co.ul/olmedia/180000/images/_182571_300pr
ison.warder.jpg
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First Amendment Issues
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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.

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Training Objectives

1. Determine the problems associated with the right
   of access to courts.
2. Identify what a law library should contain and
   compare alternatives to a free-standing library.
3. Compare and contrast the legal requirements for
   an arrestee strip search with an inmate search.

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Training Objectives

1. Distinguish the legal issues associated with
   visitation.
2. Discuss frequently encountered First Amendment
   issues as they apply to the detention environment.

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Questions?