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“What are the liabilities?” Why we are losing law suits?
• Snohomish County settles jail death lawsuit for $2.4 million.
• Former Allegheny County jail inmate settles lawsuit over loss of a
baby.
• Sandra Bland’s family settle case for $1.9M; agreement
includes policy changes for Texas jail.
• County settles jail meth death for $2.3 million.
• Pennsylvania
A federal jury hit a prison health care provider and associated medical staff with a combined $11.9 million verdict after they were found to have not properly addressed the psychiatric needs of an inmate who killed himself. The verdict broke down into roughly $1 million for deliberate indifference and $2.8 million for medical negligence against all defendants. The verdict also issued $8 million in punitive damages directed solely by medical provider.
Overview of Jail Liability
While Jail/Correction officers may believe that they will be exposed to liability for all of their actions, both proper and improper, the fact of the matter is that most courts have avoided second guessing police actions and have only sanctioned the most egregious conduct. There are various levels of liability that may exist when a jailers actions are deemed improper.
Civil Actions
Intentional Torts: The Plaintiff must suffer as a result of the breach of duty.
Federal Lawsuits
When a federal lawsuit is filed under §1983 for violations of federal rights there is no vicarious or respondent superior liability. In such a case, in order to get the agency on the hook as a defendant, the plaintiff has to prove that the agency did something wrong that led the officer to act in the manner that he or she did.
Violations of Civil Rights—42 U.S.C. sec. 1983. This type of lawsuit is the type that most jails often face.
Pattern and Practice Lawsuit
Under USC §14141 it is unlawful for a Jail/Correction agency to allow its members to participate in a pattern and practice of violating civil rights.
Understanding Judgment and Qualified Immunity in
the Defense of Jail/Correction Officers
Summary Judgment: Even if the person bringing the lawsuit story is taken as true there was no violation of the Constitution.
Qualified Immunity: Even if the person bringing the lawsuit story is
taken as true and there was a violation of the Constitution, the law was not clearly established at the time the jail officer acted.
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