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Lt Study > Legal Study > Flashcards

Legal Study Flashcards

1
Q

Ruiz vs Estelle

A

held that State penitentiary treatment and conditions in Texas were constitutionally cruel

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2
Q

Prison Litigation Reform Act

A

placed several restrictions on prisoners’ ability to file civil rights lawsuits based on the conditions of their confinement

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3
Q

Automatic stay

A

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

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4
Q

Exhaustion requirement

A

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

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5
Q

Garrity Warning

A

The warning is meant to ensure that officers are aware of their rights and that their statements are voluntary and not coerced

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6
Q

Graham vs Connor

A

alleged that the officers’ use of force during the investigative stop had been excessive and violated Graham’s civil rights

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7
Q

Section 1983

A

Allows lawsuits for violations of constitutional rights

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8
Q

RLUIPA religious land use and institutionalized persons act

A

Prohibits any government from imposing a substantial burden on the religious exercise of a person residing in or confined to an institution

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9
Q

Prison litigation reform act

A

placed several restrictions on prisoners’ ability to file civil rights lawsuits based on the conditions of their confinement

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10
Q

Injunctive relief

A

Ask the court to make the prison do something differently or stop doing something altogether

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11
Q

Exhaustion of admin remedies

A

First file a Admin grievance or complaint about the issue you want to sue over

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12
Q

Mental or emotional injury

A

No action for mental or emotional injury suffered while custody without prior showing of physical injury

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13
Q

Filing fees 3 strikes provision

A

If you had 3 prior frivolous lawsuits you have to pay your fees up front

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14
Q

Executime is ___ minutes before shift

A

7

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15
Q

USERRA less than ____ days return to work after ____ hours upon return from orders

A

31 days and 8 hours

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16
Q

Must have sunlight after separation of

A

10 days

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17
Q

Commissary orders max of

A

$100

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18
Q

Court clothing

A

Request through attorney of record 24 hours before court date pick up 72 hours after court or will be donated

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19
Q

How many roll calls per day?

A

No less than 1 per day

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20
Q

How many visitations during weekend?

A

1

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21
Q

Standard facility clothing shall be issued to all inmates held over

A

48 hours

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22
Q

Whites may be laundered

A

Twice per week

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23
Q

How many hours can be banked into FMLA?

A

480

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24
Q

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

A

Daily basis

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25
Q

Funeral leave

A

3 working days

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26
Q

P Time less than 8 years

A

144 hours maximum carryover

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27
Q

P Time more than 8 years

A

216 hours annual carryover

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28
Q

Part time P Time carryover

A

No more than 72 hours annually

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29
Q

Classification logistics admin Sgt

A

Bi-annual audit of objective classification system

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30
Q

TCJS 271.7

A

Annual internal audit of classification system

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31
Q

Mental health screening form

A

Class B or higher with MH issues or intellectual disabilities

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32
Q

Pregnant inmate count

A

Must count pregnant female inmates monthly

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33
Q

On or before the 5th day of each month jails must report

A

Suicide attempted suicide death SBI escape assault sexual assault use of force resulting in SBI

34
Q

Deaths

A

Reported within 24 hours

35
Q

Mental health referrals
For class B misdemeanor

A

Notify magistrate within 12 hours

36
Q

Sandra bland act

A

Jailers must have 8 hour mental health training

37
Q

Onview misdemeanors

A

Must see the magistrate within 24 hours of arrest

38
Q

Medical refusals

A

Inmate will taken to medical to sign refusal Or supervisor and medical staff will be present in front of inmate

39
Q

Evals

A

Recognize good and help correct the bad to give employee feedback to encourage their growth and development with follow ups to do status updates

40
Q

3/1 good except

A

DWI VOPA Domestic assault dropped weekender shock time

41
Q

Change of plea good except

A

FTA IBC instanters

42
Q

Day for day on child support and shock time is hour to hour

A

No back credit on Calais pro fine unless directed in commitment or bench order

43
Q

No preset bonds waivers

A

On DWI domestics assault VOPA

44
Q

If any charges require appearance before judge

A

No preset bonds allowed on any

45
Q

Detained by ICE Border patrol

A

Good for 48 hrs

46
Q

Depreciation of rights under color of law

A

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.

47
Q

Official oppression

A

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.

48
Q

1983 civil rights act

A

provides an individual the right to sue state government employees and others acting “under color of state law” for civil rights violations

49
Q

Personal property

A

Cannot be searched without warrant

50
Q

4th amendment

A

Unreasonable search and seizure

51
Q

6th amendment

A

Speedy trail right to lawyer tried in same state of crime informed of charges against the accused

52
Q

5th amendment

A

Double jeopardy, self incrimination due process just compensation

53
Q

8th amendment

A

No excessive bail cruel and unusual punishment

54
Q

9th amendment

A

Nobody denied basic constitutional rights

55
Q

14th amendment

A

Civil rights 8th for convicted and 14th for non convicted

56
Q

Estelle vs gamble

A

Serious medical needs, not cruel and unusual to deny medical because victim is prisoner

57
Q

Connor vs graham

A

Objective reasonableness in claims of excessive force

58
Q

Glick test

A

Need for force relationship of need snd amount extent of injury good faith in force used

59
Q

Hudson vs McMillan

A

Excessive physical force may constitute cruel and unusual punishment even if no serious injury

60
Q

8 or less years

A

Earn 9.75 hours per time bi weekly

61
Q

8 or more years

A

Earn 11.75 hours p time bi weekly

62
Q

Military orders must be turned in

A

No later than 24 hours after issuance

63
Q

Paid military leave

A

15 days per year

64
Q

After paid military leave

A

Leave without pay for up to 5 years

65
Q

For military service less than 31 days

A

8 hours following return home to report for next scheduled work period

66
Q

For military service between 31 days and 180 days

A

14 days following release from service to apply for reemployment

67
Q

For more than 180 days of military service

A

Have 90 days from release of service to apply for reemployment

68
Q

FMLA

A

Provides 12 weeks of unpaid leave

69
Q

FMLA

A

Must have worked 12 months or 1250 hours

70
Q

Force

A

An aggressive act committed by a person which does not amount to an assault and is necessary to accomplish one’s objectives

71
Q

Use of force not justified if

A

Response to verbal provocation alone to resist an arrest

72
Q

Right

A

A power interest or demand inherent in one person or established by law for protection and benefit of a person

73
Q

8th amendment

A

Right to bail

74
Q

14th amendment

A

Equal protection of the law

75
Q

Privilege

A

A benefit enjoyed by a person beyond the common advantage of other citizens

76
Q

Grievance

A

Violation of civil right criminal act unjust denial of privileges prohibited act by facility staff

77
Q

Grievances

A

Interim response 15 days final response within 60 days

78
Q

Minor infractions

A

Up to 15 days

79
Q

Major infractions

A

Up to 30 days

80
Q

Tort liability

A

Money damages for civil wrongdoing

81
Q

Shaw vs stroud

A

Supervisor fails to take corrective action for employees with acts of misconduct

82
Q

City of canton vs Harris

A

Failure to train

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