Liability and Compliance with the ADA When Arresting, Transporting, and Jailing Persons in Wheelchairs


At some point in their career, both plaintiff and defense counsel will likely become involved in a police patrol case or a jail case involving a person with a visible or invisible disability as defined in Title II of the Americans with Disability Act (ADA).


A key point in cases of this nature is whether reasonable accommodations were made for the physical or mental limitations/disabilities of the individual during the investigation, arrest, transport and incarceration so that the individual suffered no greater injury or indignity than other arrestees or other prisoners. ::more::


Civilian on Civilian Use of Force in Self-Defense Cases and the Role of a Police and Jail Practices Use of Force Expert


As a police and jail practices use of force expert I have been retained many times in use of force cases involving police officers, deputy sheriffs, federal agents, and correctional officers. In civil cases I have been retained by plaintiff and defense attorneys and, in criminal cases, by the defense as well as the prosecution.  In all of these cases law enforcement is involved in some manner. ::more::


Jail and Prison Inmate Safety Checks


Throughout the country most jails and prisons require routine inmate safety checks in accordance with policy and/or state regulations.  These inmate safety checks may be required hourly or several times an hour depending on the needs of the inmates and the facility.  These required routine inmate safety checks should never be confused with required inmate counts.  They are two very different things. ::more::


Jail Medical Care and the Importance of a Jail Practices Expert

Medical care in a jail setting is a very specific and unique situation not faced elsewhere because both the correctional staff (guards, deputies, officers, etc.) and the jail medical staff have duties and responsibilities that by the nature of the in-custody setting overlap. ::more::


Jail and Station Holding Cell Suicides, Attempted and Completed: Avoiding Allegations of Deliberate Indifference

Deliberate indifference can be defined as a “conscious or reckless disregard of the consequences of one's acts or omissions,” or simply put, “What did you know, when did you know it, and what did you do about it?” Without question, you will want to do all you can to avoid allegations and to defend cases of deliberate indifference in jail attempted and completed suicides. I drew upon my personal experience working in large, maximum security jails with an average daily inmate count of 3,800 inmates. ::more::


Overcrowded Prisons and Officer Safety

Prison overcrowding poses not only great risk to inmates, but also increased risk to the correctional officers who work in overcrowded prisons. Much is written in the media about how overcrowding affects the prison inmate population; however; frequently, however, the plight of the officers is underreported. ::more::


Unnecessary / Excessive Use of Force – A Working Definition

I am often asked to explain to people who are not police officers or lawyers the definition of unnecessary and excessive use of force. First, it is important to understand just what a use of force is. While many law enforcement agencies have their own definition, I have found that the simplest explanation is this: A use of force is an intentional act by a police officer who knows, or should know, may cause pain and/or injury to someone for the lawful purpose of controlling their actions. ::more::


Jail and Prison Riots

For some time now, the news media has inundated the public with stories of prison underfunding, poor prison health care, and the possibility of California releasing thousands of prison inmates to ease overcrowding. Additionally, two major prison riots were reported. One riot was in California and one in Kentucky. Numerous prisoners were injured and millions of dollars in damage was done during both riots. The news reported that prison overcrowding was to blame in each case. ::more::


Jail Cell Extractions - a Risk Management Nightmare - Things to consider before opening the door and sending in the team

Imagine you’re working in a jail and there is a lone inmate in his cell who has refused to come out to have his weight taken by the medical staff, and the medical staff telling you that they must document this inmate’s weight.  Now imagine that you and your team performed a cell extrication that was violently resisted by the inmate and that during the cell extraction the inmate dies. ::more::

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