NCJ Number
30750
Date Published
1974
Length
4 pages
Annotation
AN ANALYSIS OF CORRECTIONAL STAFF RIGHTS IN RELATION TO THE RIGHTS OF COMPETING STAFF MEMBERS - ROUGHLY AN EMPLOYER/EMPLOYEE DICHOTOMY - AND IN RELATION TO THE RIGHTS OF THE INSTITUTIONAL POPULATION.
Abstract
STAFF RIGHTS IN DEALING WITH THEIR EMPLOYERS ARE SAID TO BE OUTLINED IN THE CONSTITUTION OR LEGISLATION OF THE STATE. SUCH PROTECTION AS IS OFFERED FROM ARBITRARY ADMINISTRATIVE ACTIONS IS SAID TO OFTEN BE INADEQUATE. THE RIGHT OF THE STAFF TO ENFORCE SECURITY AT THE EXPENSE OF THE INMATES' PRIVACY IS ALMOST UNLIMITED. THE STAFF HAS ALMOST UNLIMITED POWER TO DEAL WITH POTENTIAL VIOLENCE AND ENFORCE INTERNAL DISCIPLINE, WITH THE RESTRICTION THAT ANY USE OF FORCE MUST BE REASONABLE AND JUSTIFIED. PRISON PERSONNEL ARE IMMUNE FROM SUIT AS LONG AS AN ACT CAUSING INJURY TO AN INMATE WAS REASONABLY WITHIN THEIR LINE OF DUTY. STAFF ARE RESPONSIBLE FOR INJURY DUE TO NEGLIGENCE, BUT IF INJURY IS FROM ANOTHER INMATE, PRIOR KNOWLEDGE OF THE STAFF MUST BE PROVED IF THE STAFF OR ADMINISTRATION IS TO BE HELD RESPONSIBLE. IN ORDER TO ESTABLISH LIABILITY FOR DEPRIVATION OF CIVIL LIBERTIES UNDER THE CIVIL RIGHTS ACT, THE INMATE MUST SHOW AN INTENTIONAL VIOLATION PLUS BAD FAITH. JUDICIAL DECISIONS ESTABLISHING AND AFFIRMING THESE RIGHTS ARE CITED.