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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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…
… pathways through which government officers might face legal liability through their work related to ICAOS are (1) … to give rise to a private right of action. … judicial … liabilityliability immunity … 2019 … Bench Book - 5.2 Liability
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…
… immunity to suits under Section 1983. … judicial … liabilityliability immunity … 2019 … Bench Book - 5.2.1 Liability under 42 U.S.C. § 1983 …
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…
… In general, Section 1983 liability will not be predicated solely on a theory of … 3239385, at *1, *11 (W.D. Pa. July 9, 2010). … judicial … liabilityliability immunity … 2019 … Bench Book - 5.2.1.3 No …
liability immunity … 2019 … Chapter 5 - Liability and Immunity Considerations for Judicial Officers …
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…
… Div. of Parole , 640 F.3d 491 (2d Cir. 2011). … judicial … liabilityliability immunity … 2019 … Bench Book - 5.2.1.1 No …
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,…
… habeas corpus, not by a Section 1983 action). … judicial … liabilityliability immunity … 2019 … Bench Book - 5.2.1.4 No …
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…
… issues are discussed in detail in section 5.3. … judicial … liabilityliability immunity … 2019 … Bench Book - 5.2.1.5 Official …
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…
… pathways through which those actors might face legal liability for their work. It also considers the different … a matter of state law. Rather, it is meant as a survey of liability and immunity issues that have actually arisen in … the Compact. … immunity … jail administrators … judicial … liabilityliability immunity … 2019 … Bench Book - 5.1 …
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…
… murdered in the receiving state). … immunity … judicial … liabilityliability immunity … 2019 … Bench Book - 5.2.2.2 Tort Claims …
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…
… required under the Compact rules). … immunity … judicial … liabilityliability immunity … 2019 … Bench Book - 5.2.3 Claims under …
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…
… taken in relation to the Compact. … immunity … judicial … liabilityliability immunity … 2019 … Bench Book - 5.3 Immunity and …
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…
… from Iowa to Pennsylvania). … immunity … judicial … liabilityliability immunity … 2019 … Bench Book - 5.3.1 Eleventh …
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…
… lawsuits are those seeking to impose personal liability on government officers or employees for actions … v. Jordan , 415 U.S. 651 (1974). … immunity … judicial … liabilityliability immunity … 2019 … Bench Book - 5.3.1.1 Official …
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…
… , 890 F.3d 634 (7th Cir. 2018). … immunity … judicial … liabilityliability immunity … 2019 … Bench Book - 5.3.5 Prosecutorial …
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…
… in the actual violation. … immunity … judicial … liabilityliability immunity … 2019 … Bench Book - 5.3.6 Qualified …
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…
… and a refusal to expose the police and others to liability for every criminal’s act. The doctrine applies to … S.E.2d 140 (N.C. Ct. App. 2009). … immunity … judicial … liabilityliability immunity … 2019 … Bench Book - 5.3.7 The Public …
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…
… civil rights law.” Id. at 285. … immunity … judicial … liabilityliability immunity … 2019 … Bench Book - 5.2.1.6 Persons …
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…
… in the context of the Compact. … immunity … judicial … liabilityliability immunity … 2019 … Bench Book - 5.2.2 State Tort …
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 … Bench Book - 5.3.1.3 Waiver of …
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…
… statutes can give rise to a duty of care supporting tort liability. In Paull v. Park County , 218 P.3d 1198 (Mont. … carrying out the activity. … immunity … judicial … liability … offender … liability immunity … 2019 … Bench Book - 5.2.2.1 Tort Claims …
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…
… to the receiving state charge). … immunity … judicial … liability … pc … liability immunity … 2019 … Bench Book - 5.2.1.2 …
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…
… Amendment. 2012 WL 3201947, at *5. … immunity … judicial … liability … parole … probation … liability immunity … 2019 … Bench Book - 5.3.1.2 No …
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…
… jurisdiction over them. Id. at *6. … immunity … judicial … liability … probation … supervision … liability immunity … 2019 … Bench Book - 5.3.8 Personal …
The ICAOS creates an Interstate Commission to oversee the operations of the Compact nationally, enforce its provisions on the member states, and resolve any disputes that may arise between the states. The Commission is comprised of one voting…
… public body” of the member states may have important liability consideration regarding the actions of the …
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 judicial act and … (1978). A judge is not deprived of absolute immunity from liability for damages because an action he or she took was … that they were entitled to absolute judicial immunity from liability stemming from the performance of their duties …
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),…
… … compact office … discretionary … immunity … judicial … liability … mandatory … probation … victim … victim-sensitive … liability immunity … 2019 … Bench Book - 5.3.3 Immunity in …
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…
… sovereign immunity to some degree through the purchase of liability insurance or by the enactment of a state tort … … discretionary transfer … mandatory … 2407 … 2410 … 2424 … liability immunity … 2019 … Bench Book - 5.3.2 State …
Congressional consent can significantly change the nature of an interstate Compact. “[W]here Congress has authorized the States to enter into a cooperative agreement, and where the subject matter of that agreement is an appropriate subject for…
… altered the application of the Federal Employers’ Liability Act to the Washington Metropolitan Area Transit Authority and exempted it from liability under that act). … by-laws … compact … interstate …
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…
… … compliance … dispute resolutions … interstate compacts … liability immunity … 2019 … Bench Book - 2.12.2 Judicial …
Like any other interstate Compact, the ICAOS inaugurated when state legislatures passed similar statutes enacting the provisions of the agreement. In the case of the ICAOS, the threshold requirement for activation of the Compact was adoption of the…
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