Exam 14: Legal Issues and Liability

Given only the facts stated, determine whether the situations described below reflect circumstances involving vicarious liability (A or B). If not vicarious, indicate whether there is any potential for liability at all (C or D). In other words, every item marked "B" will also have a second answer. -An agency has a very high turnover rate and is desperate for new officers. A candidate applies who has just been fired from another correctional agency. He maintains that he was fired over a personality clash with his supervisor. In the rush to get him processed, the personnel office accepts his word and does not investigate further. In truth, he was fired for continued use of excessive force. During his probationary period, he severely beats an inmate who refused his order to turn down the TV. The inmate subsequently files a lawsuit.

Indicate which of the following is being described in the statements below: -An inmate seeks $10,000 to cover the costs of oral surgery and extensive dental work that was required after he was beaten up by another inmate who was supposed to have been placed in a safety cell because of his past assaultive behavior. The court holds the agency liable for the full $10,000.

If correctional officials have evidence that a certain religious group has been plotting a riot, special escorts can be required when moving its members to their religious services, even if such escorts are not required for other religious groups.

Research on the death penalty has generally found that:

Vicarious liability involves liability for:

If a correctional institution has Jewish or Black Muslim inmates, the courts have held that pork must be eliminated from the menu.

First Amendment freedom of religion rights extend only to the traditional faiths of Catholic, Jewish, and Protestant.

The courts have ruled that, whenever facilities are overcrowded, they are in violation of the cruel and unusual punishment provision of the Eighth Amendment.

During the "hands-off" phase of judicial intervention:

Indicate which of the following is being described in the statements below: -Action is invoked as a result of harm caused to society.

When inmates file a suit alleging constitutional violations as a result of conditions of confinement and correctional officials agree to take action to remedy the situation rather than contest the allegations, this action is called:

With regard to medical care, the courts have ruled that correctional officials will be in violation of Eighth Amendment rights if they:

With regard to drug-testing, the same due process protections apply to both applicants and employed personnel.

The U.S. Supreme Court has ruled that the infliction of capital punishment violates the Eighth Amendment.

Correspondence with one's attorney can be opened and inspected for contraband in the presence of the inmate.

An inmate body cavity search cannot be conducted without reasonable suspicion.

Correctional officials must provide inmates with unrestricted opportunity to exercise their First Amendment right to freedom of religion.

Vicarious liability involves liability for:

If correctional officials have evidence that a certain religious group has been plotting a riot, special escorts can be required when moving its members to their religious services, even if such escorts are not required for other religious groups.

The Prison Litigation Reform Act has attempted to: