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FCSO SGT EXAM STUDY GUIDE 2024 QUESTIONS & ANSWERS SOLVED 100% CORRECT!!
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FCSO SGT EXAM STUDY GUIDE 2024 QUESTIONS & ANSWERS SOLVED 100% CORRECT!!
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FCSO SGT EXAMSTUDY GUIDE 2024
QUESTIONS &
ANSWERS SOLVED
100% CORRECT!!
FCSO SGT
Evatee 10/4/24 FCSO SGT
,FCSO SGT EXAM STUDY GUIDE 2024
QUESTIONS & ANSWERS SOLVED 100%
CORRECT!!
The Prison Litigation Reform Act (PLRA) Answer - Most significant single
development in correctional law came from US Congress (1990's). This act
makes it harder for inmates to file lawsuits in several ways.
A. The most significant requirement it that even indigent inmates must pay a
full filling fee, despite their lack of funds. Having to pay $350 to take a case to
court has clearly deterred many inmates from filling civil rights claims.
B. The PLRA creates a "three strikes and you're out" provision. Any inmate who
has had three cases dismissed as frivolous, malicious, or which "fail to state a
claim for which relief can be granted," is barred from filling any new cases
without paying the full filling fee when the case is filed, unless the inmate
alleges he is under "imminent danger of serious physical harm."
C. PLRA also requires that inmates exhaust all administrative remedies (such as
grievances and internal appeals) before filing a civil rights case.
The Civil Rights Act Answer - Every person who, under color of any statute,
ordinance, regulation, custom, or usage, of any state or territory, subjects, or
causes to be subject, any citizen of the US or other person within the
jurisdiction thereof to the deprivation of any rights, privileges, or immunities
secured by the constitution and laws, shall be liable to the party injured in an
action at law, suit in equity, or other proper proceeding for redress.
Supervisory Liabilty Answer - Failure to supervise, Failure to train, and "Should
have known" liability.
, Failure to Supervise Answer - Where a supervisory staff member has
knowledge of a pattern of constitutionally offensive acts but fails to take
remedial steps, liability may attach if the supervisor's actions or in actions can
be said to be "deliberately indifferent" to the constitutional rights of the victim.
An example of this might occur when a supervisor is aware of and apparently
condones staff using excessive force against inmates.
Failure to Train Answer - If a failure to train is so serious as to reflect
"deliberate indifference" to the constitutional rights of someone, the agency
(but rarely, if ever, the supervisor) may be held liable. This might occur if a
supervisor assigned a new staff member to a constitutionally sensitive position
knowing the person assigned did not have the training in the constitutional
issues involved.
"Should have known" Liability Answer - The court said that to be deliberately
indifferent, an official must have actual knowledge of an excessive risk to an
inmate and they must disregard that risk. What the official arguably should
have known cannot be the basis for liability.
Forms of relief under the Civil Rights Act Answer - Injunctions and Damages.
Injunctions Answer - Orders from the court to a defendant that require the
defendant to stop or start doing something. Ex... stop denying inmates
adequate medical care.
Damages Answer - Nominal - where the plaintiff's rights were violated but the
plaintiff can show no actual harm, the plaintiff is entitled only to "nominal"
damages, usually $1.00.
Compensatory - these compensate the plaintiff for injuries actually suffered.
They include such objective factors as lost wages and medical expenses.
Compensatory damages also cover more subjective forms of loss such as pain
and suffering.
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