A thread on why I'm so concerned about Bureau of Prisons Correctional Officers being sent to do public policing in DC and other cities.
I've spent a career litigating prisoner rights. The contours of Constitutional rights are very different in prison than in the outside.
I've spent a career litigating prisoner rights. The contours of Constitutional rights are very different in prison than in the outside.
These COs, many of whom do great work in difficult conditions, are trained to react with those contours. Here are some of the ways things are different.
First, the First Amendment. First Amendment rights are severely curtailed in prisons, for pretty obvious reasons. Prisoners don't have the right to assemble, they don't have the right to sign petitions, they don't have the right to communicate freely with the press.
If a large group of prisoners congregate and start chanting, that's a violation of rules, a major sign of danger about to happen, and something BOP officers are trained to respond to quickly. They have no training on protecting the rights of protestors.
Second, use of force. The rules on use of force are completely different in prison. Under the 8th Amendment and Supreme Court precedent, use of force is totally fine as long as it's not done "maliciously and sadistically." COs can use lethal ammo to fire into a group as long as
are trying to put down the disturbance, not purposely and maliciously trying to hurt someone.
COs can punch someone as long as they are trying to restore order. That's not how it's supposed to work outside, but it's the standard under which COs are trained.
COs can punch someone as long as they are trying to restore order. That's not how it's supposed to work outside, but it's the standard under which COs are trained.
Then, 4th Amendment standards. Rights against search and seizure are practically non-existent in prison. In prison, a CO can hold someone, make them go somewhere, search them basically at will. That's the standard to which COs are trained.
Also, there's the Prison Litigation Reform Act, which (among many other bad things) keeps prisoners from suing a CO as long as injury is de minimus. COs know that they can hurt a prisoner just a little bit & not face suit (but possibly be reprimanded). It's a different mindset.
On top of all that, there's the practicalities. Federal prisons don't have children in them, They don't have random passerbys. They don't have churches and businesses and general society. They have hard walls and secure perimeters. Yes, there are open yards, but there's a wall.
The tactics for crowd control are different in a prison wing than in an open city plaza. Picture a prison cell. Picture Lafayette Park. BOP COs aren't trained for the latter.
And I want to be totally clear here. Many COs have had other jobs, many are Reservists, so they have other training. But it's not their main day job training and why they've been put on the street.
And I'm not attacking COs for the rules under which they work. Most do a great job and understand the standards very well and act with professionalism and compassion. But they aren't trained for the job they've been put in. And it's a set up for disaster.
/fin
/fin
