Executive Liability for Jails

CT
Chuck Thompson
Wed, May 12, 2021 5:06 PM

Today, the 6th Circuit concluded that the County Executive of Cuyahoga County could be held in a case involving a jail suicide at the county jail.  The facts are illuminating as to the issues associated with funding (or lack thereof) for the county jail and some of the decision-making.  One issue that I think all should evaluate in advising the jails involves the question of whether to take on additional inmates based on contracts with others for whom you have no duty to provide incarceration services.  In this case, the jail was already overcrowded and the County Executive adopted a plan for regionalization that required the jail to accept more prisoners from other jurisdictions in the region upon payment which further exacerbated the overcrowding.  Query: Does your jail accept prisoners for pay and does that affect capacity?  There were many other issues in the case, but one cannot overlook the issue of how overcrowding impacts local jails in the context of prisoner rights.  https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0104p-06.pdf

Charles W. Thompson, Jr.
General Counsel & Executive Director
D: 202-742-1016
P: (202) 466-5424 x7110
M: (240)-876-6790
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Today, the 6th Circuit concluded that the County Executive of Cuyahoga County could be held in a case involving a jail suicide at the county jail. The facts are illuminating as to the issues associated with funding (or lack thereof) for the county jail and some of the decision-making. One issue that I think all should evaluate in advising the jails involves the question of whether to take on additional inmates based on contracts with others for whom you have no duty to provide incarceration services. In this case, the jail was already overcrowded and the County Executive adopted a plan for regionalization that required the jail to accept more prisoners from other jurisdictions in the region upon payment which further exacerbated the overcrowding. Query: Does your jail accept prisoners for pay and does that affect capacity? There were many other issues in the case, but one cannot overlook the issue of how overcrowding impacts local jails in the context of prisoner rights. https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0104p-06.pdf Charles W. Thompson, Jr. General Counsel & Executive Director D: 202-742-1016 P: (202) 466-5424 x7110 M: (240)-876-6790 [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [logo]<https://imla.org/> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's fully virtual 2021 Mid-Year Seminar<https://imla.org/seminars/>, April 19-23, 2021 IMLA's 86th Annual Conference<https://imla.org/annual-conference/>, Sept. 29-Oct. 3, 2021 in Minneapolis, MN