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FORENSIC BOARDS > Correctional Psychiatry II - Litigation/Rights > Flashcards

Correctional Psychiatry II - Litigation/Rights Flashcards

1
Q

In former pauperis

A

“In the manner of a pauper”
In pleadings, right to sue w/o assuming costs or formalities of pleading

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2
Q

Sua Sponte

A

“of one’s self”
Court’s acting of own volition, w/o motion being made by either parties

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3
Q

Consent decree

A

Recorded agreement of parties to a lawsuit concerning the form that the judgment should take

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4
Q

Magistrate judge

A

Judge w/ jurisdiction over federal 42 USC 1983 claims w/ consent of both parties

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5
Q

Special master

A

Often appointed in prison condition cases to oversee court-mandated remedial measures

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6
Q

Main Mech for Litigation in a Correctional Setting

A

Claims filed in federal court under federal civil rights statute 42 USC 1983

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7
Q

Bivens Actions

A

Federal equivalent to 42 USC Section 1983 claims (that one that applies to violations occurring under state law, Bivens Action can be brought against federal official)

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8
Q

Tort State v. Federal

A

Bc tort typically only seeks damages, filed in state court unless it involves a federal institution

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9
Q

When Habeas Corpus Pursued

A

Inmates/committed pts who have exhausted state remedies but feels some constitutional issue exists to challenge their conviction or loss of good time credits

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10
Q

Habeas Corpus Financial Damages

A

None awarded

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11
Q

Civil Rights of Institutionalized Persons Act (CRIPA) of 1980 (2)

A
  • Authorizes US AG to bring suit on behalf of US to target “egregious or flagrant” unconstitutional conditions in state/local correctional facility, causing “grievous harm” or violating constitution
  • AG also can intervene in civil rights suits brought by inmates involving such conditions
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12
Q

Prisoner Litigation Reform Act (PLRA) of 1996 (Gen Purpose, Scope, and Mechanism)

A

Law passed to discourage frivolous inmate lawsuits, applying to all inmate claims under $1983.
- Imposes severe restrictions on ability of prisoners to file civil litigation

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13
Q

Prisoner Litigation Reform Act (PLRA) of 1996 9 Specific Restrictions

A
  1. Establishes mechanism for collecting filing fee from prisoners unable to pay; if can’t pay full fee, then monthly installments
  2. Court screens complaint with expanded sua sponte dismissal ability
  3. Doesn’t allow Section 1983 claim until all administrative remedies available exhausted
  4. Prevents court awarding atty’s fees to plaintiff’s counsel in settled cases w/o violation of fed law
  5. Prevents any relief absent violation of fed law, discouraging consent decrees
  6. Placed restrictions on nonmonetary relief in conditions of confinement cases
  7. If 3 cases dismissed frivolous/malicious, barred from free filings (3 strikes and out)
  8. Addended Fed Tort Claims Act to require documented physical injury to establish presence of emotional injury for tort
  9. For civ action in Fed Court, appoints special master with limited compensation who gives objective report/regard public safety with compensation limit
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14
Q

4 Complaint Characteristics that Court Might Dismiss Sua Sponte Under PLRA

A

Frivolous
Malicious
Fails to state claim for which relief granted
Seeks damages from defendant immune from damages

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15
Q

Anti-Terrorism and Effective Death Penalty Act of 1996

A

Limits ability of inmates to file successive habeas corpus claims to speed up federal proceedings

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16
Q

Bell Test

A

Any restrictions/conditions imposed on pretrial detainees must be reasonably related to a legitimate governmental purpose

17
Q

14th A D.P. Applicability

A

Regards tx of pretrial detainees

18
Q

7 Rights that SCOTUS Has Recognized for Prisoners

A
  1. Marry
  2. Freedom of speech
  3. Religious freedom
  4. Access to courts
  5. Equal protection of the law
  6. Due process
  7. Not to be subjected to cruel and unusual punishment
19
Q

4 Rights SCOTUS Has Not Recognized for Prisoners

A
  1. Vote (vary depending on state)
  2. Rehabilitation
  3. Drug/ETOH tx
  4. Procreate
20
Q

Inmate Freedom of Speech

A

Regulation impinging on this (or other const rights) valid if reasonably related to legitimate penological interests

21
Q

4-Pronged (Turner) Reasonableness Test for Impinging on Constitutional Rights

A
  1. Valid, rational connection b/w prison reg and gov’t legitimate interest?
  2. Alternative means for inmate to exercise right?
  3. Impact of accommodation of the asserted right on other inmates/prison personnel?
  4. Absence of ready alternatives will be taken as evidence of reasonableness.
22
Q

4th A for Inmates (2 - Cells and Visual Body Cavity)

A
  • Has ruled that “search” requires intrusion into area with expectation of privacy that society recognizes as reasonable. No such expectation for inmates.
  • Visual Body Cavity inspections can be conducted on both convicted prisoners and pretrial detainees after contact visits, even if C.O.s do not have particular reason to believe smuggling contraband
23
Q

8th A Application

A

Those convicted of a crime bc about punishments, so doesn’t apply to pretrial detainees

24
Q

Basis for RTT in Prisoners (& Estelle v. Gamble)

A

8th A (Estelle v. Gamble SCOTUS 1976) bc dependent on COs for medical care

25
Q

Psych Tx and 8th A (2)

A
  • Circuit Co.s have equated psychiatric tx to medical tx, and deficiency thereof can violate 8th A
  • SCOTUS hasn’t specifically stated and constitutional right there
26
Q

Transgender / Gender Dysphoria Tx in Prison (4)

A

Most states/institutionals have policies, but vary significantly
- National Commission on Correctional Healthcare has some guidelines and says should follow transgender experts
- Lower courts have varied on whether SRS required
- Numerous practical/safety concerns associated

27
Q

Inmate Disciplinary Hearings and Due Process

A
  • Hearings important bc can revoke GTE credits, but minimal D.P. reqs
  • Have supported some D.P. safeguards such as notification, calling witnesses, present evidence, etc.
  • Also said protection of D.P. clause invoked when the restraint imposes “atypical and significant hardship” on inmate > ordinary incidents of prison life
28
Q

D.P. and Parole Revocation (2)

A

SCOTUS has held that parolees entitled to “effective but informal hearing” w/ D.P. safeguards flexible as situation demands
- Parole revocation proceedings not equal to D.P. procedures in criminal prosecution

29
Q

DeShaney Principle

A

State has duty to provide necessary services & protect “special relationship” classes, such as incarcerated persons, bc state has rendered them incapable of providing for and protecting themselves.

30
Q

RTT For Pretrial Detainees

A

None recognized

31
Q

3 Standards Offering Accreditation for Care Provided in Correctional Facilities

A

NCCHC
JCAHO
ACA

FORENSIC BOARDS (34 decks)

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