Unit 2 Legal - Lesson 7 - Criminal and Civil Liability - PDF

Unit 2 Legal Lesson 7 Criminal and Civil Liability Lesson Goal You will make decisions and act carefully to avoid liability and its serious results. Think About This Correctional officers may be liable for damages or injuries if they improperly perform a job task or do not perform a job task...

Unit 2 Legal Lesson 7 Criminal and Civil Liability Lesson Goal You will make decisions and act carefully to avoid liability and its serious results. Think About This Correctional officers may be liable for damages or injuries if they improperly perform a job task or do not perform a job task that an officer reasonably should perform. While officers are open to these kinds of consequences, there are also immunities and defenses in place to protect officers who are acting correctly in the scope of their position. This lesson will discuss the liabilities and defenses that apply to a correctional officer. Liability and Negligence ✅ CO127.1. Understand liabilities in a correctional setting Criminal liability is when an officer is found guilty of committing a crime. Civil liability is respon- sibility for a wrongful act, or the failure to do an act that an officer has a duty to perform, that results in the injury of another person or damages property. Negligence is the failure to use due or reasonable care in a situation where an officer has a duty to act and results in harm to another. For example, an officer is taking a personal phone call while supervising a meal. The officer doesn’t see a fight break out, and an inmate is injured. Because the officer failed the duty to act with reason- able care, the officer and their agency could be held liable for damages caused by the incident. If the officer knew or should have known that an act or failure to act could cause serious bodily injury or death, the officer may be charged with a crime due to “gross” negligence. ✅ CO127.2. Know the elements of negligence The elements of negligence are: a duty to act with care failure to perform that duty proof that the failure caused damages actual damages resulted You have a duty to provide care, custody, and control of inmates while on the job to the best of your ability. Providing such care should be based on training, education, and experience. 38 / Florida Basic Recruit Training Program (CO): Volume 1 ✅ CO127.3. Know the two main categories of damages that may be awarded in a civil lawsuit Two main categories of damages that may be awarded in a civil suit are compensatory and puni- tive. Compensatory damages are designed to compensate a victim for their injuries, damages, and property loss. The victim is paid for the actual loss (such as lost wages, medical expenses, and property damage). Punitive damages are awarded as a means to deter and punish the defendant for their negligence, recklessness, malice, or deceit and to discourage others from committing the same act. Punitive damages award the victim for pain and suffering or mental anguish. Defendants may be awarded for both compensatory and punitive damages. Civil Rights Violations A civil rights violation is an unlawful interference with the fundamental rights of another person such as the right to due process and equal protection under the law. An example of a possible civil rights violation would be if officers refused to provide something to drink for a week to an inmate in solitary confinement. This may be seen as cruel and unusual punishment, and such an act inten- tionally deprives the person of a constitutional or other civil right. Federal law, 18 U.S.C. § 242, prohibits an officer acting under color of law from violating an inmate’s civil rights. When an officer acts or claims to act in the performance of official duties under any law, ordinance, or regulation, the officer is acting under color of law. ✅ CO127.4. Understand civil liability under federal laws An officer’s use of force is often the basis for civil rights liability. For example, an inmate’s death due to a beating by an officer can result in civil rights violations and a federal criminal investiga- tion under this law. In addition to criminal prosecution, an officer who violates an individual’s civil rights may be sued in federal court under 42 U.S.C. s. 1983. Before imposing liability, the law requires proof that the officer acted under the authority of the employing agency and intentionally violated the inmate’s civil rights. ✅ CO127.5. Know the consequences if you are found civilly or criminally liable The penalties from being found civilly or criminally liable may include administrative discipline, suspension from work, loss of certification and employment, and incarceration. ✅ CO127.6. Understand that your agency may be liable for your acts as a correctional officer An employing agency can be held liable for the wrongful acts of an employee. If a judge or jury decided that the officer committed a civil wrong or violated civil rights as part of their duties, the employing agency is likely to be liable for damages through direct or vicarious liability. Direct liabil- ity here refers to an employing agency’s negligent hiring, assignment, training, or retention of a problem employee. Vicarious liability refers to an agency being found liable even if it is not directly responsible for the injury. For example, an agency may be required to pay damages if an officer is found guilty of sexual harassment. Chapter 1 Introduction to Corrections / 39 Immunities Federal and state laws protect officers acting within the scope of their employment against civil and criminal liability. ✅ CO127.7. Know the legal protections available if you are faced with a potential civil or criminal liability Chapter 111, F.S. Chapter 111, F.S., protects officers charged with civil and criminal actions if those actions occurred within the scope and course of the officer’s employment. Acting within the scope of employment refers to the range of reasonable and foreseeable activities that an officer does while carrying out the agency’s business. If an officer acts outside the scope of employment, they may be held indi- vidually liable. An officer that intentionally violates their agency’s policies and procedures may be regarded as acting outside the scope of employment, but if it is shown that the officer was acting within the scope of employment, the officer will not be held civilly or criminally responsible. Sovereign Immunity ✅ CO127.8. Know the effect of the sovereign immunity law outlined in s. 768.28, F.S., regarding state civil actions Section 768.28, F.S., defines the sovereign immunity law, which is a list of circumstances and requirements that must be met before an agency or any of its employees can be sued in a state civil action, provides one of the most important protections for state and county correctional agen- cies and their employees. It also protects individual officers and agency employees from personal liability and from being named as a defendant in a state lawsuit. This means that unless an officer or employee fails to act or acts with willful or wanton disregard of someone’s rights or property, the officer will not be held liable or named as the defendant. Qualified Immunity ✅ CO127.9. Understand the concept of qualified immunity Qualified immunity protects the officer from personal liability. Agencies may pay for compensatory damages up to a certain amount. The defense of qualified immunity protects “government offi- cials... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” See Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). Legal Defenses A number of established defenses are available for an officer to defend against civil or criminal liability. 40 / Florida Basic Recruit Training Program (CO): Volume 1 ✅ CO127.10. Know the legal defenses that may protect you from civil and criminal liability Acts Done in Good Faith To act in good faith, officers must be faithful to their duty and honestly intend to avoid taking undue advantage of others. Acts done in good faith are without malice, ill will, or the intent to unjustly harm anyone. If you perform your duties correctly, you act in good faith. For example, accidently giving the wrong snack bag to an inmate can be an act done in good faith if you have followed agency policy and performed the appropriate distribution, but the bag was assigned in such a way as to be confusing. Acts Done in a Reasonable Manner Officers must act in a reasonable manner when responding to any incident. Reasonableness involves acting professionally within the law and agency policies and procedures. It can range from perform- ing first aid to knowing what level of force is needed in a given situation. Reasonableness is judged objectively. For example, would a reasonable officer in the same situation have acted the same way? Acts Justified Under the Law Some seemingly offensive officer actions can be justified under the law. This occurs in situations in which case law or statutory law provides a defense for an officer’s actions. For example, chap- ter 776, F.S., states that an officer may use deadly force in self-defense or defense of another from a threat of death or serious physical injury and to prevent escape; chapter 870, F.S., provides for the use of force in riots. Emergency Doctrine When an emergency requires spontaneous action, an officer is not required to use the same degree of judgment and care as acting under non- emergency conditions. This is known as the emer- gency doctrine. An incident requiring an immediate life-or-death decision resulting in the viola- tion of agency policy to protect others from harm or death falls under this doctrine; for example, a facility fire. Limiting Liability Correctional agencies enact policies and procedures to help guide officers in performing their duties. These policies are carefully developed to ensure they comply with legal and ethical guide- lines. Agency policies and procedures are developed and published for the officer’s benefit. By following such policies, you may avoid liability for acts committed while on duty. Attending required and optional training lets you stay current on the law and up-to-date practices. Awareness of changes in legal and practice guidelines also helps you avoid liability. Chapter 1 Introduction to Corrections / 41