Compact Online Reference Encyclopedia (CORE)

Looking for information on a specific topic, training, rule, or process? Through one search here, you can find the information you need from ICAOS’ white papersadvisory opinionstraining modulesrules and the bench book. All results are cross-referenced with links to make navigation easy and intuitive.

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Judges have absolute immunity from liability as long as they are performing a judicial act and there is not a clear absence of all jurisdiction. Stump v. Sparkman, 435 U.S. 349 (1978). A judge is not deprived of absolute immunity from liability for…
… Judges have absolute immunity from liability as long as they are performing a … , 435 U.S. 349 (1978). A judge is not deprived of absolute immunity from liability for damages because an action he or … maliciously. Mireles v. Waco , 502 U.S. 9 (1991). Judicial immunity offers protection from suits for money damages, but …
Like judges, prosecutors have absolute immunity from lawsuits seeking money damages. Imbler v. Pachtman, 424 U.S. 409 (1986). That immunity allows prosecutors to exercise the independence of judgment essential to their work—and to avoid the deluge of…
… Like judges, prosecutors have absolute immunity from lawsuits seeking money damages. Imbler v. Pachtman , 424 U.S. 409 (1986). That immunity allows prosecutors to exercise the independence of … file against them were they not immune. Prosecutorial immunity extends to probation violation proceedings, …
Government officials sued in their individual capacity have what is known as qualified immunity from suits for damages to the extent that their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person…
… their individual capacity have what is known as qualified immunity from suits for damages to the extent that their … Harlow v. Fitzgerald , 457 U.S. 800 (1982). A qualified immunity analysis thus asks two questions: (1) was there a … situation that his or her conduct was unlawful? Qualified immunity is a high hurdle for plaintiffs to overcome; it has …
Under the Eleventh Amendment to the United States Constitution, “[t]he Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State…
… interstate transfer from Iowa to Pennsylvania). … immunity … judicial … liability … liability immunity … 2019 … Bench Book - 5.3.1 Eleventh Amendment Immunity
State sovereign immunity is, as noted above, the doctrine that prevents a state from being sued in its own courts without its consent. It will generally be a matter of state law, and of course not every state is the same. Many states have narrowed or…
… State sovereign immunity is, as noted above, the doctrine that prevents a … same. Many states have narrowed or waived their sovereign immunity to some degree through the purchase of liability … in certain circumstances. An application of state sovereign immunity in a case arising under the Compact can be seen in …
Under the doctrine of sovereign immunity, the government may not be sued without its consent. The concept flows from the common-law notion that the “the king can do no wrong” and that a lawsuit could not be brought against him in his own courts. Through…
… Under the doctrine of sovereign immunity, the government may not be sued without its … suit for their actions taken in relation to the Compact. … immunity … judicial … liability … liability immunity … 2019 … Bench Book - 5.3 Immunity and Related …
There are several ways a state might waive its Eleventh Amendment immunity from suit in federal court. First, immunity can be waived by express state law. It can also be waived by voluntary participation in a federal program that expressly conditions…
… are several ways a state might waive its Eleventh Amendment immunity from suit in federal court. First, immunity can be waived by express state law. It can also be … Kan. June 4, 2007). It is clear, though, that no waiver of immunity should be inferred from the mere fact of a state’s …
Neither the Eleventh Amendment nor other formulations of sovereign immunity bar a suit against a state in the courts of another state. Nevada v. Hall, 440 U.S. 410 (1979). In Mianecki v. Second Judicial Court of Washoe County, 658 P.2d 422 (Nev. 1983),…
… the Eleventh Amendment nor other formulations of sovereign immunity bar a suit against a state in the courts of another … of Washoe County , 658 P.2d 422 (Nev. 1983), sovereign immunity did not prevent a tort suit in Nevada against the … was not required to grant full faith and credit to the immunity the defendants would have enjoyed in Wisconsin’s …
… liability immunity … 2019 … Chapter 5 - Liability and Immunity Considerations for Judicial Officers and Employees …
Guidance from the U.S. Department of Health & Human Services, Office of Civil Rights as to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Coverage & Exemptions for the Interstate Compact for Adult Offender Supervision
… the ICAOS would also be exempt from HIPAA requirements. … immunity … liability … HIPAA-2005 … liability immunity … 2005 … Advisory Opinion HIPAA-2005 … Pennsylvania …
Plaintiffs can bring Section 1983 actions against defendants in their official capacity or in their individual capacity. Defendants sued in their official capacity will generally be immune from suits for money damages under the Eleventh Amendment to the…
… Amendment to the United States Constitution, but that immunity will not necessarily bar a suit seeking injunctive … capacity, but officials may be able to raise qualified immunity defenses in those cases. Qualified immunity bars recovery from officials to the extent that …
An unfortunate fact pattern that arises from time to time is when a Compact offender causes the injury or death of a victim. Victims of those incidents (or their family members or estate) will sometimes raise tort claims against correctional or judicial…
… the father of a woman murdered in the receiving state). … immunity … judicial … liability … liability immunity … 2019 … Bench Book - 5.2.2.2 Tort Claims by Others …
Some federal statutes have their own enforcement mechanism through an express or implied cause of action in the federal statute itself. See Alexander v. Sandoval, 532 U.S. 275 (2001) (applying the test through which a court determines whether a statute…
… any event is not ever required under the Compact rules). … immunity … judicial … liability … liability immunity … 2019 … Bench Book - 5.2.3 Claims under the …
Eleventh Amendment immunity also extends to state government officers and employees to the extent that they are sued in their official capacity, but not to suits against them in their individual capacity. The distinction between official-capacity and…
… Eleventh Amendment immunity also extends to state government officers and … the Eleventh Amendment; it does not necessarily pierce the immunity afforded by the amendment. State officers and … party in interest and is entitled to invoke its sovereign immunity from suit even though individual officials are …
Some states recognize the so-called public duty doctrine—the idea that a government official has no legal duty to protect an individual citizen from harm caused by a third person. The rule recognizes the limited resources of law enforcement and a refusal…
… of Cmty. Corr. , 685 S.E.2d 140 (N.C. Ct. App. 2009). … immunity … judicial … liability … liability immunity … 2019 … Bench Book - 5.3.7 The Public Duty Doctrine …
There is rarely any doubt in the case law that probation and parole officials are “persons” and that, in performing their duties, they are acting under “color of law” within the meaning of Section 1983. The law also allows suits against municipalities and…
… under the federal civil rights law.” Id. at 285. … immunity … judicial … liability … liability immunity … 2019 … Bench Book - 5.2.1.6 Persons Acting under …
In addition to civil rights lawsuits, offenders (and others) sometimes file tort claims related to conduct arising under the Compact. In many cases some form of immunity will apply, and questions related to immunity will generally turn on the state law of…
… arising under the Compact. In many cases some form of immunity will apply, and questions related to immunity will generally turn on the state law of the sending … of claims likely to arise in the context of the Compact. … immunity … judicial … liability … liability immunity … 2019 …
That the Compact itself does not create a private right of action does not mean that offenders subject to it are left without a remedy under Section 1983. Instead, it means that their complaints must be framed as violations of a right enumerated in the…
… determined that the officers were entitled to qualified immunity, as discussed below in section 5.3.6. Of course, … consider whether the defendant-officials were protected by immunity or another defense. Another recurring fact pattern … probation warrant related to the receiving state charge). … immunity … judicial … liability … liability immunity … 2019 …
The Eleventh Amendment guarantees state sovereign immunity from suit in federal court. The Eleventh Amendment ensures that states retain certain attributes of sovereignty, including sovereign immunity. Hans v. Louisiana, 134 U.S. 1, 13 (1890). Over the…
… The Eleventh Amendment guarantees state sovereign immunity from suit in federal court. The Eleventh Amendment … certain attributes of sovereignty, including sovereign immunity. Hans v. Louisiana , 134 U.S. 1, 13 (1890). Over … or political subdivision thereof such that it enjoys immunity under the Eleventh Amendment; or, if through …
Offenders will sometimes allege that officers were negligent in carrying out their duties under the Compact. For example, in Grayson v. Kansas, No. 06-2375-KHV, 2007 WL 1259990, at *1 (D. Kan. Apr. 30, 2007), a probationer transferred under the Compact…
… by an independent contractor carrying out the activity. … immunity … judicial … liability … offender … liability immunity … 2019 … Bench Book - 5.2.2.1 Tort Claims by …
Eleventh Amendment immunity does not extend to the political subdivisions of a state (its municipalities and counties) or to the officers and employees of those subdivisions. Mt. Healthy Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274 (1977). Those…
… Eleventh Amendment immunity does not extend to the political subdivisions of a … under the Eleventh Amendment. 2012 WL 3201947, at *5. … immunity … judicial … liability … parole … probation … liability immunity … 2019 … Bench Book - 5.3.1.2 No Protection for …
With thousands of offenders under supervision under the Interstate Compact for Adult Offender Supervision (ICAOS, or the Compact), lawsuits against the judicial officials, correctional officials, and others who administer the Compact are inevitable. This…
… for their work. It also considers the different types of immunity and related defenses available to those actors when … state law. Rather, it is meant as a survey of liability and immunity issues that have actually arisen in the context of the Compact. … immunity … jail administrators … judicial … liability … …
The Compact necessarily involves offenders moving across state lines. Therefore, considerations of different courts’ personal jurisdiction over the parties to a suit might come into play. Unfortunately, different courts have reached different results when…
… to exercise personal jurisdiction over them. Id. at *6. … immunity … judicial … liability … probation … supervision … liability immunity … 2019 … Bench Book - 5.3.8 Personal Jurisdiction …
One of the primary vehicles through which officials might be sued for their work related to the Compact is 42 U.S.C. § 1983 (Section 1983), a federal statute that creates a cause of action for violations of a person’s civil rights. The statute gives a…
… 5.3, many officials will enjoy either absolute or qualified immunity to suits under Section 1983. … judicial … liability … liability immunity … 2019 … Bench Book - 5.2.1 Liability under 42 …
Generally, how should states manage an occurrence when offenders located in receiving states abscond, triggering case closure, but are later apprehended in the jurisdiction of the receiving state? And, is the receiving state required to reopen the case in…
… matter, parole and probation officers enjoy qualified immunity if their actions are in furtherance of a statutory … or regulatory guidelines (emphasis supplied). This immunity requires only that an officer’s conduct be in …
The two principal pathways through which government officers might face legal liability through their work related to ICAOS are (1) federal civil rights lawsuits under 42 U.S.C. § 1983 and (2) state law tort claims. Plaintiffs will also sometimes attempt…
… private right of action. … judicial … liability … liability immunity … 2019 … Bench Book - 5.2 Liability …
The federal right in question in a Section 1983 action is typically a constitutional right (for example, the right to equal protection under the law or the right to be free from an unreasonable search under the Fourth Amendment to the United States…
… F.3d 491 (2d Cir. 2011). … judicial … liability … liability immunity … 2019 … Bench Book - 5.2.1.1 No Statutory Right …
In general, Section 1983 liability will not be predicated solely on a theory of respondeat superior. For example, a chief probation officer or other supervisor or manager will not automatically be deemed vicariously liable simply because he or she sits…
… (W.D. Pa. July 9, 2010). … judicial … liability … liability immunity … 2019 … Bench Book - 5.2.1.3 No Supervisor …
In Heck v. Humphrey, 512 U.S. 477 (1994), the Supreme Court clarified that a Section 1983 action should not be used to challenge the validity of a criminal judgment. If the alleged civil rights violation would be one that would render a conviction,…
… a Section 1983 action). … judicial … liability … liability immunity … 2019 … Bench Book - 5.2.1.4 No Substitute for …
Published September 2, 2011 At the request of the ICAOS Executive Committee resulting from several recent cases in which courts and other agencies have apparently lacked awareness or ignored the requirements of ICAOS and its rules in particular cases, the…
… return of the offender to the sending state. While judicial immunity applies to actions taken by courts and those court … which are integral to the judicial function and qualified immunity provides some protection from civil liability for … Id at p. 29.” … compliance … discretionary … due process … immunity … liability … mandatory … rules … violations … 2454 …
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