Why did you choose this civil liability issue? Why did it interest you? In Haywood v. Drown (2008), an inmate (Haywood) is suing a correctional officer (Drown). This civil liability issue is one that is reasonably recent in the field of corrections. Throughout my career thus far, I have been employed as a corrections officer and have heard inmates threatening to sue the department and individual officers. I have also seen countless letters go out to individuals asking for help getting a lawyer for cases against the department and officers, yet I have never seen any suits come through. I acknowledge that often inmates are often blowing steam, but I am curious as to what happens when and if they get council and a suit does arise. I am aware of the work environment within corrections, so this specific civil liability case caught my attention. As I read further into the case and pulled it apart, I learned it was about an inmate claiming that corrections officers tampered with evidence that was related to multiple misbehavior reports. From what I have come across while at work, it is common to find that inmates often allege that corrections officers have tampered with, removed, or hid evidence. Unfortunately, this may be true in some instances but I feel as though the majority of time the allegations are false and the inmates are looking for an excuse or a way out of disciplinary actions. Even though I have only been threatened to be sued, and never actually sued, this topic interested me because I feel it will benefit to know the different ways that § 1983 cases are handled and what the likely outcome of such allegations would be. I am interested in exploring and learning more about suits against correctional facilities and ... ... middle of paper ... ...ns Act preempt states prohibiting the use of state funds to assist, promote, or deter union organizing? Holding In this specific case, the Supreme Court must decide whether or not that statue that the State of California put into place is preempted by the National Labor Relations Act. In order to tdo this, the Supreme Court must consider the rights of both sides of this battle and whether balance between the two sides is better achieved through the National Labor Relations Act or through the California state statute. Reasoning It is known that employers more so than not have a greater interest in deterring union activity than in assisting or promoting such activities. Since the state laws regulated within a zone protected and reserved for market freedom, the Court held that the California laws preempted by the National Labor Relations act. Decision
In 1898, congress passed the Erdman Act, which prohibited employers from firing employees based on if they join a union. An employer for the Louisville and Nashville Railroad Company, William Adair, violated the statute by firing O.B. Coppage for his participation in a labor organization. The court, in a 6 to 2 vote, held that the statute not only violated the due process clause of the Fifth Amendment, it also held that congress’s power over interstate commerce does not extend to memberships in unions. The court uses substantive due process to read into the Fifth Amendment the laborers and employers right to ‘liberty of contract,” which Justice Harlan points out by citing the similar ruling in Lochner. The court reads it as the right of individuals to enter into contracts to either purchase or sell labor, which the law violated by limiting the rights of both the employer and employee. The court also rejected the argument that the law was within congressional power under interstate commerce by stating no logical correlation between union memberships and how it would affect intersta...
Unable to get official permission to interview and write about correctional officers, Ted Conover, author of the book Newjack: Guarding Sing Sing, “got in" by applying for a correctional officer position. After training, he and his fellow rookies, known as "newjacks," were randomly assigned to Sing Sing, one of the country's most famous -- and infamous -- prisons. Sing Sing, a maximum-security male prison, was built in 1828 by prisoners themselves, kept at their task by frequent use of the whip. Today, the chaos, the backbiting, the rundown building and equipment, the disrespect and the relentless stress that Conover experienced in his year at Sing Sing show, quite well, how the increase of prisons in the U.S. brutalizes more than just the prisoners. Some of the individuals in Conover's entering "class" of corrections trainees had always wanted to work in law enforcement. Others were ex-military, looking for a civilian job that they thought would reward structure and discipline. But most came looking for a steady job with good benefits. To get it, they were desperate enough to commute hours each way, or even to live apart from their families during the work week. Their job consists of long days locking and unlocking cells, moving prisoners to and from various locations while the prisoners beg, hassle and abuse them. Sometimes, the prisoners' requests are simple, but against the rules: an extra shower, some contraband cigarettes. Other times, they are appropriate, but unbelievably complicated: it can take months to get information about property lost in the transfer from one prison to another. Meanwhile, the orders officers give are ignored. Discipline -- even among the officers themselves -- is non-existent. And with the money and benefits of this "good" job come nightmares and family stress, daily uncertainty about one's job and duties, and pent-up frustration that, every so often, explodes in violence -- instigated by staff as well as by prisoners.
Even though this lawsuit was to declare the Oregon Stature unconstitutional, it was the first to have laws set on the number of hours allowed to work in a day and showing other states the proper reasoning to make sure that it was not called unconstitutional. "The regulation of her hours of labor falls within the police power of the State, and a stature directed exclusively to such regulation does not conflict with the due process or equal protection clauses of the Fourteenth Amendment."
The court case Cleveland Board of Education V. LaFleur challenged the maternity policy regarding teachers having to go on unpaid leave involuntarily for 4-5 months due to their pregnancy. Jo Carol LaFleur and Ana Elizabeth Nelson whom were both teachers working under the Cleveland Board of Education when these issues occurred that lead to their decision of filing a suit against the board. They mainly hoped to be able to still continue their teaching well after the 5 month mark that the policy required them to leave. Failure to comply with these rules would have lead to their dismissal of their position or re-employment is not guaranteed. The Supreme Court ruled that the Cleveland Board of Education policy violated and went against the due process clause of the fourteenth amendment. This case was very significant in which it preserved the rights of teachers, especially women.
As companies look to expand operations and hire new employees, many economic and environmental factors are taken into consideration. The cost of labor is one of the primary concerns as labor generally constitutes a large part of company budgets. The organization of labor by unions further increases this concern. The wages of unionized workers are significantly higher than the wages of nonunion workers in almost every industry (Fossum, 2012). Higher wages generally result in reduced company profits, lower share prices, and reduced shareholder returns (Fossum, 2012). Unionization also reduces the employer’s flexibility with regards to hiring, transferring, or promoting employees (Fossum, 2012). Productivity may be negatively impacted by unionization because merit is often eliminated as a criterion for wage increases or promotions (Fossum, 2012). As a result of these negative impacts, employers are motivated to oppose unionization.
v. Lopez (1995) continues to affect the judicial system to this day. This case is the precedent for many of the Supreme Court cases concerning the commerce clause. Following U.S. v. Lopez, the Supreme Court had many Affordable Care Act cases. In these cases, the powers of Congress, under the Commerce Clause, were again limited. The congressional powers were limited because the Court declared that the Affordable Care Act “did not license Congress to include in the PPACA a provision that required individuals to purchase health insurance”(Commerce Clause). The Affordable Care Act trials show that Congress cannot always make whatever law that they want, and they cannot use the Commerce Clause as an excuse or abuse its power. This case further proved the reasoning behind the decision in U.S. v
The way correction officers are treated in prison is dreadful. “A corrections officer was seriously burned Monday morning in an attack by an inmate at the Green Bay Correctional Institution” (Roberts, 2016). This topic interest me because most of my life my brother has described the working conditions of correction officers in prison. I remember him telling me how one officer had his finger bitten off by an inmate. Correction officers are the guards who work in prison to enforce prisoners, so that inmates do not find themselves constantly in trouble. In addition, the officers ensure inmates’ safety. Despite the fact that the officers want to secure the inmate 's safety, people are unaware of the hardships officers face every day. A great deal of the rigorous challenges guards go through are never mentioned on the news or make it to newspapers. Correction officers are rarely mentioned within society, even though they are a huge part of the law enforcement. There is a
There are two different kinds of influences on prison misconduct, there is the combined characteristics of the inmates themselves, and the combined characteristics of the staff in control of them (Camp, Gaes, Langan, Saylor (2003). Prison misconduct has been classified into significant fields related to drug use, violence, property offenses, prison accountability and escapes, security-related offenses, security offenses interfering with daily operations, along with a residual category (Camp, Gaes, Langan, Saylor (2003). Misconduct spoils the effective procedure of the correctional institution, detracting from its capability to present the intentional services to the superior society (Goetting & Howsen (1986).
The system of the Prison Industrial Complex operates within the law. The law allows private companies to infiltrate the prison, while keeping prisoners in a subjugated position. The law, under the Eight Amendment obligates prison officials to provide prisoners with “adequate” medical care. This principle applies regardless of whether the medical care provided is by governmental employees or by private medical staff under contract with the government (Project, 2012). If prisoners believe they are being denied their constitutio...
Oct 1993. Retrieved November 18, 2010. Vol. 79. 134 pages (Document ID: 0747-0088) Published by American Bar Association
The disadvantages of union membership are viewed from the employee and employer perspective. Through the employee lens, the disadvantages manifest in the form of fees, loss of autonomy, and less collaborative work environment. As part of the union, you surrender many of your individual rights in exchange for the organized results that can potentially manifest through the collective bargaining process. Therefore, there isn’t any assurance that your individual concern will even be addressed.
Bounds v. Smith was argued November 1, 1976 and the case was decided April 27, 1977 by THE UNITED STATES COURT OF APPEALS for the Fourth circuit. MARSHALL, J., delivered the opinion of the Court, in which BRENNAN, WHITE, BLACKMUN, POWELL, and STEVENS, JJ., joined. POWELL, J., filed a concurring opinion. BURGER, C.J., filed a dissenting opinion. STEWART, J., post, and REHNQUIST, J filed dissenting opinions, in which BURGER, C.J., joined.
Montgomery said, ”the law does not prohibit lawsuits that may have some validity, but it does have incentives to make inmates think twice about filing what are deemed frivolous cases.” Inmates are not the only ones who file petty lawsuits. The general public is far worse. In Orlando, The estate of a woman killed in a rental car is suing the rental car company. The person driving the car was the woman’s Irish boyfriend, who was drunk at the time of the accident.
Correctional Officers are a very important part of the Justice System because it keeps high profile criminals off the street and locked up even before they are proven innocent or guilty. The Correctional Facility in many ways is a lot like a jail, from what I saw when I toured the new Pre Trial Centre in Port Coquitlam. There are large thick metal doors to lock them in at night. Each cell contains a small bed, a desk and shelf, a sink and a toilet. The one thing I found interesting was at the new Pre Trial Facility in Port Coquitlam each cell had a window, which I thought was a little too much for criminals but I guess they are innocent until proven guilty. As this is a NEW facility and it has some nicer things than the older centres.
In 21st-century America, detainment is turning into a multibillion dollar industry every year, and will keep on increasing in extension in the coming decades. The “prison industrial complex" incorporates not just those organizations specifically included in conveying discipline (courts, adjustments,