CJ 2024 Lecture 10: Ch. 10: Use of Force
Document Summary
Legal issues in corrections: chapter 10: use of force. Correctional officers are authorized to use force against inmates in appropriate circumstances; sometimes even deadly force. Legal power to use force is limited by statute law and case law. Force may not be used to punish inmates. The more force used, the higher likelihood of a lawsuit being filed against an officer/facility: use of force claims, tort, characterized as assault and battery. Brought about in state court: claim would be that the force was not authorized by law, and/or although it may have been proper, it was deemed as excessive, civil rights. Brought about in federal district court: claim would be filed under, eighth amendment, force used was deemed cruel and unusual, fourteenth amendment, claims used by pretrial detainees (those not protected under the eighth amendment, court considers two questions:
