Rights of Inmates
Any unauthorized article foreign to a facility or any authorized article in excessive quantities or altered from its intended purpose.
What is contraband?
This is a law enacted by Congress to address the problem of sexual abuse of people in custody of U.S. federal, state, local correctional agencies.
What is the Prison Rape Elimination Act(PREA)?
This is the type and amount of force that an officer reasonably believes necessary to overcome resistance
What is reasonable force?
This occurs if a person is found guilty of committing a crime and is sentenced to incarceration or other penalties.
What is criminal liability?
This term refers to neglecting to perform what the law or a duty requires.
What is omission?
A fair probability or reasonable grounds to believe that someone committed a crime, based on the totality of circumstances or all the factors known at the time.
What is probable cause?
Any sexual act where the victim does not give their consent.
What is sexual abuse?
These govern all use of force by a correctional officer.
What is 776 and 944 F.S.?
This is responsibility for a wrongful act or an omission that causes injury to a person or property.
What is civil liability?
This happens when an officer unlawfully interferes with the fundamental rights of another person.
What is a civil rights violation?
This occurs when an officer affects a person's right to have or control their property, usually by physically taking it.
What is a seizure?
This occurs when a correctional staff member invades an inmate's privacy for reason unrelated to official duties.
What is voyeurism?
Any force that is likely to cause death or great bodily harm.
What is deadly force?
This is a civil wrong in which the action or inaction of a person or entity violates the rights of another person or entity.
What is a tort?
This occurs when an officer acts or claims to act in the performance of official duties under any law, ordinance, or regulation.
What is the color of law?
This keeps health information private.
What is Health Insurance Portability and Accountability Act(HIPAA)?
This happens when an inmate or staff member acts or attempts to injure, harm, or intimidate a person who has reported sexual abuse and assault
What is retaliation?
This Florida Statute protects us in using force to prevent an escape in a state facility.
What is 944.35 F.S.?
This is the failure to behave with the level of care that a reasonably prudent person would have exercised under the same circumstances.
What is negligence?
This protects "government officials" from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known
What is qualified immunity?
This refers to the confidential information shared between two parties, such as a client and an attorney.
What is privileged communication?
Sexual abuse is directly related to the safety and security of your facility because tolerating any form of sexual harassment or abuse could result in
An officer and an agency could face these 4 types of penalties for an excessive use of force.
What are criminal penalties, civil penalties, civil rights violations penalties, and administrative penalties.
These are the 4 elements of negligence.
What are a duty to act with care, failure to perform that duty, proof that the failure caused damages, and actual damages?
This refers to the range of reasonable and foreseeable activities that an employee does while carrying out the employee's business.
What is acting within the scope of employment?