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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Judicial Considerations
Judicial Considerations … 2019 … Bench Book - 3.2 Judicial Considerations …
The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate…
… against any compacting state in default. In the event judicial enforcement is necessary the prevailing party shall … Adopted November 4, 2003, effective August 1, 2004. … judicial … interstate compacts … 2004 … Rule 6.104 - Judicial Enforcement …
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…
… immunity from liability as long as they are performing a judicial act and there is not a clear absence of all … even done maliciously. Mireles v. Waco , 502 U.S. 9 (1991). Judicial immunity offers protection from suits for money … 2018 WL 3372043, at *1, *3 (N.D. Fla. June 27, 2018). Judicial immunity is not limited to judges; it can extend to …
The Commission can initiate judicial enforcement by filing a complaint or petition in the appropriate U.S. district court. A member state that loses in any such litigation is required to reimburse the Commission for the costs incurred in prosecuting or…
… The Commission can initiate judicial enforcement by filing a complaint or petition in … The Commission is entitled to all service of process in any judicial or administrative proceeding in a member state … compacts … liability immunity … 2019 … Bench Book - 2.12.2 Judicial Enforcement …
This on-demand training module provides an introduction to ICAOS and rules relevant to Judges, attorneys and other court personnel.
… … ICAOS 401 Agency-Judicial Issues … immunity … judicial … liability … on demand training … rules … training … of supervision … 2012 … On-Demand - ICAOS 401 Agency-Judicial Issues …
… … Chapter 5 - Liability and Immunity Considerations for Judicial Officers and Employees …
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…
… the agreement to give rise to a private right of action. … judicial … liability … liability immunity … 2019 … Bench …
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…
… or qualified immunity to suits under Section 1983. … judicial … liability … liability immunity … 2019 … Bench …
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…
… Exec. Dep’t Div. of Parole , 640 F.3d 491 (2d Cir. 2011). … judicial … liability … liability immunity … 2019 … Bench …
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…
… 2010 WL 3239385, at *1, *11 (W.D. Pa. July 9, 2010). … judicial … liability … liability immunity … 2019 … Bench …
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,…
… for habeas corpus, not by a Section 1983 action). … judicial … liability … liability immunity … 2019 … Bench …
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…
… Immunity issues are discussed in detail in section 5.3. … judicial … liability … liability immunity … 2019 … Bench …
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…
… the federal civil rights law.” Id. at 285. … immunity … judicial … liability … liability immunity … 2019 … Bench …
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…
… likely to arise in the context of the Compact. … immunity … judicial … liability … liability immunity … 2019 … Bench …
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…
… will sometimes raise tort claims against correctional or judicial officials related those injuries or deaths. In some … of a woman murdered in the receiving state). … immunity … judicial … liability … liability immunity … 2019 … Bench …
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…
… is not ever required under the Compact rules). … immunity … judicial … liability … liability immunity … 2019 … Bench …
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…
… an overlapping web of federal, state, and common-law rules, judicial and correctional officials and employees will often … actions taken in relation to the Compact. … immunity … judicial … liability … liability immunity … 2019 … Bench …
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…
… Amendment to the United States Constitution, “[t]he Judicial power of the United States shall not be construed … transfer from Iowa to Pennsylvania). … immunity … judicial … liability … liability immunity … 2019 … Bench …
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…
… Edelman v. Jordan , 415 U.S. 651 (1974). … immunity … judicial … liability … liability immunity … 2019 … Bench …
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…
… v. Chibucos , 890 F.3d 634 (7th Cir. 2018). … immunity … judicial … liability … liability immunity … 2019 … Bench …
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…
… participation in the actual violation. … immunity … judicial … liability … liability immunity … 2019 … Bench …
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…
… Corr. , 685 S.E.2d 140 (N.C. Ct. App. 2009). … immunity … judicial … liability … liability immunity … 2019 … Bench …
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…
… related to the receiving state charge). … immunity … judicial … liability … pc … liability immunity … 2019 … …
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…
… contractor carrying out the activity. … immunity … judicial … liability … offender … liability immunity … 2019 …
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…
… 963 F. Supp. 776 (E.D. Wis. 2002). … immunity … judicial … liability … waiver … liability immunity … 2019 … …
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…
… Supervision (ICAOS, or the Compact), lawsuits against the judicial officials, correctional officials, and others who … context of the Compact. … immunity … jail administrators … judicial … liability … liability immunity … 2019 … Bench …
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. 2012 WL 3201947, at *5. … immunity … judicial … liability … parole … probation … 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…
… personal jurisdiction over them. Id. at *6. … immunity … judicial … liability … probation … supervision … liability …
If the offender is entitled to a probable cause hearing, Rule 5.108(d) defines the offender’s basic rights. However, each state may have procedural variations. Therefore, to the extent that a hearing officer is unclear on the application of due process…
… cause hearing required by Rule 5.108 need not be a full “judicial proceeding.” A variety of persons can fulfill the … hearing prior to rendition, reviewing officer need not be a judicial officer; due process requires only that the hearing … the requirement of neutrality). This does not prohibit a judicial proceeding on the underlying violations, but merely …
A receiving state is obligated to report to sending state authorities within 30 calendar days of the discovery or determination that an offender has engaged in behavior requiring retaking. “Behavior requiring retaking” is defined in Rule 1.101 as an act…
… definition of “behavior requiring retaking” has not been judicially construed; however, the language of the rule …
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