Ken Wallentine

Full list of Ken Wallentine results

• Duty to intervene applies in jails

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  Tragedy might have been avoided if correctional officers had pressed medical staff for a more thorough check of an inmate's condition

• OK to use a patrol K-9 for cell extraction?

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  Arrestee claims it was improper to use a K-9 to assist in a cell extraction because as a patrol dog, it was not trained or certified in forced cell extraction

• Policy violation does not equal constitutional violation

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  The court highlights the differences in a policy violation vs. a constitutional violation in a case involving a jail suicide

• Will a policy violation lead to liability?

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  Though an officer ostensibly made his rounds, he did not physically enter the video arraignment room as required by policy – during which time an inmate overdosed

• Victory for sexually abused inmate on negligent hiring

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  No qualified immunity is granted to the sheriff in a case of negligent hiring, the court of appeals decides

• Desire to eat tween boys merits continued incarceration

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  No compassionate release was granted for a child sex offender who had yet to undergo treatment in the correctional facility

• Where to spend the holidays? Prison?

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  Court says no to compassionate release request for convicted murderer and drug kingpin in this recent case

• Sistine Chapel nudes OK, Coppertone girl bare bum not OK

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  The appellate court addresses the degree of deference corrections facilities have when it comes to prison regulation

• Qualified immunity for strip search of prison visitor

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  Though other federal courts had already determined a prison visitor must be given the option to leave rather than submit to a strip search, the 9th Circuit had not spoken sufficiently to clearly establish that right in its jurisdiction

• Cell phone search by probation officer ruled invalid

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  A couple of lessons stand out in this case

• Solid policy and practice supports body cavity search

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  The court cited the “heft of the security interest at stake” in holding the proper standard for a body cavity search in a jail is reasonable suspicion

• Cruel and unusual punishment from secondhand smoke?

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  An inmate diagnosed with asthma sued prison officials, alleging they were deliberately indifferent to the secondhand smoke’s impact on his health

• Court: Prisoner mail policy is proper

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  Prisoner mail policy helps reduce the risk of contraband entering the jail and cuts staff time required to check incoming mail

• Failure to provide sex change is not cruel and unusual punishment

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  Vanessa Lynn Gibson asserted that sexual reassignment surgery is essential medical care and denying the surgery violates the Eighth Amendment

• Was electronic control device use proper? You decide!

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  Consider a roundtable discussion of these two cases during roll call training