Glynco FLETC Academics First Half
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4 situations in which firing a weapon is warranted - ANSWER-1. To prevent loss of life
or serious injury
2. To protect government property (if it would contribute directly to escape, loss of life,
or serious injury)
3. To maintain or restore control of the institution
4. Escape effectuated
Administrative Remedies Program - ANSWER-Allows an inmate to seek formal review
of an issue relating to any aspect of his/her own confinement. An inmate may not submit
a request for appeal on behalf of another inmate
Appeal Procedures Following Agency Action (EEO) - ANSWER-- If individual not
satisfied with determination, may request hearing before Administrative Law Judge for a
decision on the merits by the Department of Justice without a hearing
- If not satisfied with that decision, the individual may file a civil action in a United States
District Court:
- within 90 days after DOJ's final decision
- within 90 days of receipt of final decision of EEOC
- within 180 days from filing the complaint if no agency decision has been issued or
made on EEOC appeal
Appeals (BP-10 and BP-11) - ANSWER-Applied when inmate is not satisfied with
Warden's response to BP-9. BP-10 is an appeal sent to the Regional Director (due
within 20 days of the date the warden signed his response). BP-11 is an appeal to the
General Counsel, Central Office (due within 30 days of the date the Regional Director
signed his response). Final appeal available.
Arrest Authority Elements - ANSWER-1. Must be on official duty status
, 2. There is no time to obtain arrest warrant
3. Probable cause
Arrestable Offenses on or off property - ANSWER-1. Forcibly assaulting, resisting, or
impeding officers or employees while engaged in or on account of the performance of
official duties
2. Escape
3. Instigating or assisting an escape
Arrestable offenses on property - ANSWER-1. Theft of personal property of another
2. Destruction of government or personal property
3. Providing contraband to an inmate or possession of contraband by an inmate
4. Mutiny or riot
5. Trespass on BOP reservations or land
Assessing a Situation - ANSWER-- Is it normal?
- If not, how likely is it that some kind of trouble will develop if I take no action right now?
Authority - ANSWER-The power to command, influence, determine, or judge
Benefit Procedures for Bureau of Prisons Employees - ANSWER-- Federal Tort Claims
Act (FTCA)
- Federal Employees Compensation Act (FECA)
- Civilian Employee Claims Act (CECA)
- Bureau of Prisons Claims Act (BOPCA)
Benefits of Managing Diversity - ANSWER-- Attracts highly qualified candidates
- Retention
- Good environment
- BOP as choice employer
- Supports mission statement and core values
Bivens or Personal Liability - ANSWER-U.S. not liable for intentional misconduct.
- Based on Bivens v. Six Unnamed Bureau of Narcotics and Dangerous Drugs Agents
- Prior to decision all agents had immunity
- Agents held liable because not operating within scope of employment
Bureau of Prisons Claims Act (BOPCA) - ANSWER-- Loss or damage to personal
property due to unique prison circumstances
- $1,000 maximum claim
- Contributory negligence prevents recovery
- No depreciation
- Claim must be filed within 1 year
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