NCJ Number
119861
Journal
Federal Probation Volume: 53 Issue: 3 Dated: (September 1989) Pages: 29-34
Date Published
1989
Length
6 pages
Annotation
Probation and parole personnel do not currently face the same hazards that malpractice litigation poses for other professionals, but they should realistically assess the potential for civil liability.
Abstract
The general legal immunity held by corrections professionals has been threatened by the potentially lucrative nature of malpractice litigation, the broad definitions of treatment used by those in the helping professions, and the fluid concept of what constitutes a compensable injury. In addition, the changing opinions of courts regarding the duties owed by corrections personnel have opened up a previously closed area of the law. Areas in which malpractice might be charged include negligence actions, negligent supervision of offenders, the failure to warn or notify particular persons of an offender's release, and liability of a parole board for the criminal acts of a parolee. Discussion of specific judicial decisions, 4 references, and list of cases.