Americans for Effective Law Enforcement (AELE) (Chicago, IL)
"Jails and prisons are constitutionally mandated to provide adequate medical care to those in their care, since prisoners and detainees cannot seek medical treatment on their own. Deliberate indifference to the need for treatment of a known serious medical problem can result in civil liability. A number of cases have made it clear that included in this requirement is treatment for eye and vision problems" (p. 1). This article looks at the case law related to the mandated provision of eye and vision care. Sections cover: cataracts; glaucoma; the impact of high blood pressure, diabetes, and cancer ion eyes and vision and the need for treatment; other medical conditions; physical injury; self-injury; eye and vision specialists; and seven recommendations.
Neck restraints are a valuable but sometimes still controversial procedure for the use of force by police officers and correctional personnel … It is a procedure that is useful when police or correctional officers are in close proximity with suspects or prisoners. While it can be very effective, it requires motor skills training, and attempts at such holds without proper training can turn an improperly applied hold into an air choke. This is especially the case when a subject attempts to resist the hold, such as by attempting to turn around, inadvertently putting pressure on their airway when none was intended … Improperly applied neck restraints that turn into choke holds and restrict the intake of breath can and have in some instances resulted in tragic consequences including death or permanent disability” (p. 101-102). This two-part article looks at the liability issues related to neck restraint use. It is comprised of the following sections: introduction; the U.S. Supreme Court ruling regarding “City of Los Angeles v. Lyons” and aftermath; subsequent law enforcement cases; neck restraints in correctional settings; the 2007 study by the Canadian Police Research Centre; and suggestions to consider.
This article is an excellent resource for those who want a basic understanding of those civil issues impacting the use of pepper spray and other chemical agents by law enforcement and correctional officers. "Pepper Spray (OC) and other chemical weapons are intended and designed to be used as disabling agents, for law enforcement officers and correctional personnel to use to attempt to overcome resistance, and to subdue persons with minimal injuries to officers, arrestees and others. Chemical weapons can be used in situations in which a disturbance involves a number of people, but they also are effective against an actively resisting individual. This is not a technical article, and it does not survey the wide variety of specific chemical weapons available to law enforcement and correctional personnel, or to assess their pros and cons. Rather, the focus is to briefly look at how courts have discussed their use in the context of civil lawsuits for excessive force" (Part 1, p. 101). Sections of this article include: introduction; use by law enforcement, use on handcuffed persons; warnings; crowds and bystanders; the aftermath of their use; New Orleans Consent Decree; correctional settings; and suggestions to consider.
If you want a great source for information body-worn cameras (BWC's), then this is the place. Links are organized according to: model and specimen policies; reports and studies; legislation and interpretations; general litigation; privacy issues; Freedom of Information (FOI) requests and litigation; training documents; scholarly articles; disciplinary actions; eavesdropping laws; and selected links.
This article provides a brief but very informative explanation of how courts rule on cases involving custodial risk levels based on the previous gang activity of the prisoner. Sections cover: issue introduction; classifying gang members; Michigan’s Security Threat Group (STG); quantum of evidence; due process; and failure to classify
This article is a great overview of the legal issues related to prisoners that test positive for the HIV virus and those with AIDS. “Prisoners with HIV/AIDS are ubiquitous in today’s lockups, detention centers, jails, and prisons. Courts have addressed a variety of issues over the years about the treatment and handling of such prisoners. This two-part article takes a brief look at five specific areas that have come up fairly frequently” (p. 301). Part 1 begins with an introduction to the issue then discusses segregation, and medical care. Part 2 covers privacy, discrimination, protection from assault, claims by other prisoners, and some concluding suggestions.
This two-part series discussing issues and developments in the use of information technologies by inmates and offenders in the community. Part 1 looks at: the problems in general; access to computers; information from the internet; and the Trust Fund Limited Inmate Computer System (TRULINCS) used by federal prisons. Part 2 looks at supervised Internet access; cell phones and the Internet; parolees and the Internet; sex offenders and the Internet; and some suggestions for allowing limited electronic communication and Internet access.
"Rastafarians are named after Ras (Prince) Tafari, Selassie’s title before being crowned Emperor in 1930. The movement later was influenced by Jamaicans. There are estimates that there are as many as one million adherents to the religion worldwide. In the U.S., most adherents are African-Americans. Rastafarians engage in the spiritual use of cannabis, wear their hair in dreadlocks and are generally opposed to cutting their hair. The Ital vegetarian diet is one of the main tenets of the Rastafari movement. Those who adhere to it abstain from all meat and flesh whatsoever, asserting that to touch meat is to touch death. Some Rastafarians, however, do eat some meat nevertheless, but no pork or shellfish" (p. 201). This article covers legal issues associated with Rastafarian staff and inmates and provides suggestions for addressing these challenges. Sections of this publication include: introduction; Rastafarian employees; Rastafarian inmates; and suggestions to consider.
"This two-part article focuses on litigation involving the use of Tasers on persons suffering from “excited delirium” or other agitated conditions – including cases involving a death, a non-fatal injury, or taking place in a correctional setting. The second part of this article … offers suggestions for policies and practices plus a listing of relevant resources and references on the subject" (p. 101). Part 1 is comprised of sections covering: what excited delirium (ED); and cases involving deaths—cases finding actual or potential liability, and cases finding no liability. Part 2 has sections about: cases involving non-fatal injury; correctional setting; and some suggestions to consider.
"Protecting employees against workplace harassment is an important obligation of law enforcement and correctional agencies as employers. Harassment is a corrosive element in an agency’s functioning, can undermine morale, and unfairly subjects hard-working employees to daily torments that add to the burdens and responsibilities that they have to cope with to effectively do their job. Additionally, as has long been clear, workplace harassment on the basis of sex or race, as well as other protected categories, is illegal and can lead to lawsuits and substantial damage awards" (p. 201). Employer liability resulting from sexual harassment perpetrated by a supervisor is explained. Part 1 addresses: harassment as in general by a supervisor; Supreme Court definition of a supervisor; quid pro quo sexual harassment; hostile environment; and same sex and sexual orientation harassment. Part 2 covers: racial harassment; other forms of harassment; suggestions to consider; and additional resources for information.