Litigation in Corrections and an Overview of Correctional Law

Litigation and an Overview of Correctional Law

Each year, municipalities just like yours spend millions and millions of dollars fighting and settling lawsuits involving alleged misconduct, injuries, and a range of other legal challenges.  Headlines like this exemplify the issue:

• In February 2021, an inmate committed suicide after guards failed to properly complete the required safety checks; the lawsuit brought by the inmate’s family has resulted in a $2.3 million settlement from the county and contracted medical provider.  Sherburne County, MN.

If an inmate dies or is injured while in custody, there will most certainly be litigation. You as a corrections professional have a duty to protect the inmates, even from themselves. In so many cases, just a few changes would have reduced the chances for an incident to occur, and as importantly, could reduce the severity of the incident should one occur.  So how can you manage risk in your jail?

Legal Requirements for a Corrections Professional

As a corrections professional, you must first understand your legal requirements. Many lawsuits are filed in Federal Court under 42 USC, Section 1983 for deliberate indifference, while others are filed in State Court under negligence.  While many inmate rights are diminished, inmates still do have rights, particularly under the First, Fourth, Fifth, Eight, and Fourteenth Amendments, and protections under state law.

Brief History of Correctional Law

To give a brief, simplified history of correctional law, there are three periods of correctional law: Hands-Off, Hands-On, and the current period of Deference.

What is Hands-Off Correctional Law?

Hands Off was the period prior to about 1964, where the court did not concern themselves with inmates once the inmate was remanded to the department of corrections.  It was essentially a civil death, where the prison systems did what they wanted, the Courts did not get involved, and the inmate had no rights or recourse.

What is Hands-On Correctional Law?

Around 1964 about the time of the Civil Rights movement, the pendulum swung the other way with the Hands-On period.  During this time period, the courts involved itself in all aspects of inmate rights; from living and hygiene conditions, to access to medical care and legal assistance. The Courts affirmed that inmates have Constitutional protections and municipalities can be held liable for damages. The rulings during this period explain the “why” we have to do certain things, like provide adequate medical care, make safety and security rounds to ensure the well-being of the inmates, why we have to provide a legal library, and even why we have to provide toothpaste and toilet paper. This was a period of massive change, and required the entire corrections industry to become more educated and professional.

What is Deference Correctional Law?

Around 1979, the Courts were satisfied with their work, and the pendulum swung back to the middle with the Period of Deference.  This is the current, stable state of correctional law, where absent a blatant violation, the courts will generally defer to the expertise of the corrections professional.

How to Protect Your Agency by Knowing Correctional Law

To help protect yourself or your agency from risk and litigation you must understand current correctional law and keep yourself updated on evolving legal rulings. Ignorance of the law is not a viable defense.

Professional Organizations to Follow

There are many professional organizations such as the American Corrections Association, the American Jail Association and others that can provide the latest legal updates, and best correctional practices. In future articles I will address specific areas of concern for corrections administrators to manage risk. Stay tuned!