Civil Liability and the Employee Disciplinary Process in Corrections

Outline:
Section 1: Introduction A. About This Course B. Learning Objectives Section 2: Types of Civil Liability Lawsuits A. Introduction B. The Prison Litigation Reform Act (PLRA) C. Common Types of Civil Lawsuits D. Tort Lawsuits E. Types of Torts F. 2 Common Torts G. Civil Rights Actions H. State Constitutional Rights Actions I. Review J. Potential Results of Civil Cases K. Review L. Summary Section 3: Supervisor’s Liability A. Supervisor Liability in Civil Action Cases B. Failure to Supervise C. Failure to Train D. Additional Types of Supervisor Liability in Civil Action Cases E. Supervisor Liability in Tort Cases F. Offender Rights G. Review H. Concerns of Correctional Staff Named in Lawsuits I. Legal Representation J. Indemnification K. Insurance L. Preventing Liability M. Follow Written and Verbal Instructions N. Stay Informed O. Seek Clarification P. Review Policies, Procedures, and Post Orders Regularly Q. Check Your Subordinates' Understanding of Their Jobs R. Maintain Good Records S. Review Subordinates' Reports T. Take Prompt Corrective Action U. Review V. Summary Section 4: The Purpose of Discipline and Consistent Enforcement A. Overview B. Purposes of Discipline C. Importance of Consistent Enforcement D. More on Binding Past Precedent E. Due and Proper Notification Process F. Communication G. Review H. Summary Section 5: The Employee Disciplinary Process A. Steps in the Employee Disciplinary Process B. Disciplinary Review Committee C. Investigations D. Determining the Proper Charge E. Determining the Appropriate Penalty F. Major Offenses G. Principle of Corrective Discipline H. Factors to Consider I. Seriousness of the Offense J. Employee's Record K. Length of Service L. Past Practices M. Mitigating and Aggravating Circumstances N. Performance Evaluations O. Documentation P. Follow Your Agency Policy Q. Disciplinary Checklist R. Review S. Summary Section 6: Conclusion A. Summary B. Course Contributors C. Resources D. References E. Congratulations! F. Exam G. BrainSparks

Ms. Geiman is ACA’s Online Training Administrator. She also serves as the Academy’s instructional curriculum developer. Ms. Geiman has more than 20 years of experience in developing training programs for criminal justice professionals, including lesson plans, multimedia training programs, and print and online courses. She has received numerous awards for both print curricula and comprehensive video programs on topics such as criminal and juvenile justice, medical and mental health, supervision, management, and law. She received her bachelor’s degree from the University of Maryland.

Robert Rosenbloom, J.D. has over 30 years of experience in both adult and juvenile corrections. He is a Georgia P.O.S.T certified trainer with expertise in legal issues, policy and correctional practices. He has considerable expertise in issues related to “protection from harm” within secure facilities due to his responsibilities in working to release the Georgia Department of Juvenile Justice from the U.S. Department of Justice oversight. Currently, he is Senior Consultant with the Moss Group, Inc., and practices juvenile law in the state of Georgia. He served two terms as a member of the American Correctional Association’s Board of Governors and is a Certified PREA Auditor in both Adult and Juvenile Standards.

Tracy G. Mullins is the Curriculum Designer for Public Safety at Relias. Tracy has a B.S. in the Administration of Criminal Justice and a Masters of Education in Instructional Technology. Prior to joining Relias Learning in 2017, Tracy worked in various capacities for the American Probation and Parole Association for 22 years. As a Research Associate and Sr. Research Associate, she worked on a variety of federally funded projects focusing on leadership, juvenile justice, victim services, tribal justice, and offender issues. Her responsibilities on these projects include researching justice issues, writing curricula and other publications, and delivering training and technical assistance. From 2010-2016, as Deputy Director of APPA, Tracy managed its grant division, as well oversaw its e-learning initiatives, which included writing and developing online training courses.