Topics : Criminal Defense, Division of Youth and Family Services (DYFS), Scientific Evidence, Criminal Law, Psychological Test, discovery, Eric Marcy, Parole, Domestic Violence, Division of Child Protection and Permanency (DCPP), Evidence, Healthcare, experts | 0 Comments Read More
When are Supervisors Liable for the Actions of Subordinates in Federal Civil Rights and Police Liability Cases?
When are Supervisors Liable for the Actions of Subordinates
in Federal Civil Rights and Police Liability Cases?
In Federal civil rights actions under 42 U.S.C. § 1983, supervisors are frequently named as defendants, even in circumstances were the supervisor was not directly involved or did not even have knowledge of the actions of the subordinate that gave rise to the claimed deprivation of civil rights. Shift Commanders, Lieutenants, Captains, Deputy Chiefs and Chiefs of Police are commonly named in “shotgun pleadings” when there has been a claim of excessive force or other alleged violation of Federal or Constitutional law. Supervisors should know when their conduct exposes them to liability for the actions of their subordinates and when it does not.Read More
Topics : Litigation, Use of Force, Federal Civil Rights, Criminal Defense, 42 U.S.C. Sec. 1983, police, Constitutional Rights, Criminal Law, Due Process, Eric Marcy, law enforcement, Police Misconduct, Civil Rights Litigation | 0 Comments Read More
The Limits to Ordering Computer Monitoring as a Special Condition of Supervised Release in the Federal Court System
There are limits to when a Federal District Court Judge may order computer monitoring by United States Probation as a special condition of supervised release. While it can be argued that individuals on supervised release have a diminished expectation of privacy, wholesale unfettered access to a personal computer must still be balanced by assessing the nexus, proportionality, privileges, and the constitutional requirements that require that such intrusions be narrowly tailored.Read More
Topics : Community Supervision, Criminal Defense, Probation, Special Conditions of Supervised Release, Constitutional Rights, Criminal Law, Appeal, Due Process, Eric Marcy, NJ Criminal Justice Process, Parole, Federal Investigations, probation officer, probationer | 0 Comments Read More
The Erroneous Use of and Reliance on the LSI-R
The Level of Service Inventory-Revised “LSI-R” is frequently misused in the context of parole evaluations. Providing an air of scientific reliability, its application in the forensic setting is actually unreliable, subjective, and highly dependent on factors that may be decades old, failing to take into consideration, relevant facts relating to maturity and rehabilitation for which it is not designed to account. While there is authority that supports the efficacy of the LSI-R for determining security risk, classification, programming and custodial placement at the time of initial incarceration, the LSI-R was never designed for and is not appropriate to predict an inmate’s prognosis on parole after years of incarceration.Read More