Legal Study Flashcards
Ruiz vs Estelle
held that State penitentiary treatment and conditions in Texas were constitutionally cruel
Prison Litigation Reform Act
placed several restrictions on prisoners’ ability to file civil rights lawsuits based on the conditions of their confinement
Automatic stay
states that a motion to terminate prospective relief “shall operate as a stay” of that relief starting 30 days after the filing of the motion (extendable to up to 90 days for “good cause
Exhaustion requirement
to exhaust all available administrative remedies prior to bringing a lawsuit concerning the conditions of confinement under 42 U.S.C. § 1983 or any other federal law
Garrity Warning
The warning is meant to ensure that officers are aware of their rights and that their statements are voluntary and not coerced
Graham vs Connor
alleged that the officers’ use of force during the investigative stop had been excessive and violated Graham’s civil rights
Section 1983
Allows lawsuits for violations of constitutional rights
RLUIPA religious land use and institutionalized persons act
Prohibits any government from imposing a substantial burden on the religious exercise of a person residing in or confined to an institution
Prison litigation reform act
placed several restrictions on prisoners’ ability to file civil rights lawsuits based on the conditions of their confinement
Injunctive relief
Ask the court to make the prison do something differently or stop doing something altogether
Exhaustion of admin remedies
First file a Admin grievance or complaint about the issue you want to sue over
Mental or emotional injury
No action for mental or emotional injury suffered while custody without prior showing of physical injury
Filing fees 3 strikes provision
If you had 3 prior frivolous lawsuits you have to pay your fees up front
Executime is ___ minutes before shift
7
USERRA less than ____ days return to work after ____ hours upon return from orders
31 days and 8 hours
Must have sunlight after separation of
10 days
Commissary orders max of
$100
Court clothing
Request through attorney of record 24 hours before court date pick up 72 hours after court or will be donated
How many roll calls per day?
No less than 1 per day
How many visitations during weekend?
1
Standard facility clothing shall be issued to all inmates held over
48 hours
Whites may be laundered
Twice per week
How many hours can be banked into FMLA?
480
You will be allowed to shave on a _____ unless reasons exist to restrict your use of a razor for the safety and security of the facility
Daily basis
Funeral leave
3 working days
P Time less than 8 years
144 hours maximum carryover
P Time more than 8 years
216 hours annual carryover
Part time P Time carryover
No more than 72 hours annually
Classification logistics admin Sgt
Bi-annual audit of objective classification system
TCJS 271.7
Annual internal audit of classification system
Mental health screening form
Class B or higher with MH issues or intellectual disabilities
Pregnant inmate count
Must count pregnant female inmates monthly
On or before the 5th day of each month jails must report
Suicide attempted suicide death SBI escape assault sexual assault use of force resulting in SBI
Deaths
Reported within 24 hours
Mental health referrals
For class B misdemeanor
Notify magistrate within 12 hours
Sandra bland act
Jailers must have 8 hour mental health training
Onview misdemeanors
Must see the magistrate within 24 hours of arrest
Medical refusals
Inmate will taken to medical to sign refusal Or supervisor and medical staff will be present in front of inmate
Evals
Recognize good and help correct the bad to give employee feedback to encourage their growth and development with follow ups to do status updates
3/1 good except
DWI VOPA Domestic assault dropped weekender shock time
Change of plea good except
FTA IBC instanters
Day for day on child support and shock time is hour to hour
No back credit on Calais pro fine unless directed in commitment or bench order
No preset bonds waivers
On DWI domestics assault VOPA
If any charges require appearance before judge
No preset bonds allowed on any
Detained by ICE Border patrol
Good for 48 hrs
Depreciation of rights under color of law
This provision makes it a crime for someone acting under color of law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
Official oppression
crime for a public servant to use their office to unlawfully deny someone their rights, unlawfully mistreat someone or subject them to arrest, detention, search, seizure, dispossession, assessment, or lien, and to sexually harass people.
1983 civil rights act
provides an individual the right to sue state government employees and others acting “under color of state law” for civil rights violations
Personal property
Cannot be searched without warrant
4th amendment
Unreasonable search and seizure
6th amendment
Speedy trail right to lawyer tried in same state of crime informed of charges against the accused
5th amendment
Double jeopardy, self incrimination due process just compensation
8th amendment
No excessive bail cruel and unusual punishment
9th amendment
Nobody denied basic constitutional rights
14th amendment
Civil rights 8th for convicted and 14th for non convicted
Estelle vs gamble
Serious medical needs, not cruel and unusual to deny medical because victim is prisoner
Connor vs graham
Objective reasonableness in claims of excessive force
Glick test
Need for force relationship of need snd amount extent of injury good faith in force used
Hudson vs McMillan
Excessive physical force may constitute cruel and unusual punishment even if no serious injury
8 or less years
Earn 9.75 hours per time bi weekly
8 or more years
Earn 11.75 hours p time bi weekly
Military orders must be turned in
No later than 24 hours after issuance
Paid military leave
15 days per year
After paid military leave
Leave without pay for up to 5 years
For military service less than 31 days
8 hours following return home to report for next scheduled work period
For military service between 31 days and 180 days
14 days following release from service to apply for reemployment
For more than 180 days of military service
Have 90 days from release of service to apply for reemployment
FMLA
Provides 12 weeks of unpaid leave
FMLA
Must have worked 12 months or 1250 hours
Force
An aggressive act committed by a person which does not amount to an assault and is necessary to accomplish one’s objectives
Use of force not justified if
Response to verbal provocation alone to resist an arrest
Right
A power interest or demand inherent in one person or established by law for protection and benefit of a person
8th amendment
Right to bail
14th amendment
Equal protection of the law
Privilege
A benefit enjoyed by a person beyond the common advantage of other citizens
Grievance
Violation of civil right criminal act unjust denial of privileges prohibited act by facility staff
Grievances
Interim response 15 days final response within 60 days
Minor infractions
Up to 15 days
Major infractions
Up to 30 days
Tort liability
Money damages for civil wrongdoing
Shaw vs stroud
Supervisor fails to take corrective action for employees with acts of misconduct
City of canton vs Harris
Failure to train
