By Adam Sowden
It has been said many times that a county jail is the chief source of liability for local government. The complex challenges of depriving someone of liberty would shock many who have never been exposed to the logistics of the criminal justice system. Most people tend to think in grand terms when considering these issues — societal nuances and high-level constitutional debates discussed by academics and policymakers. In reality, many liability concerns can be mitigated daily by supervisors and alert staff.
Correctional supervisors, in addition to leading the way for the industry, have a duty to protect their staff and agency. While executive and administrative supervisors focus on strategy and long-term external factors, day-to-day operational supervisors at the shift level play a direct role in reducing the agency’s liability. Consider the following areas as addressing these risks may eliminate easy litigation targets and help protect both officers and the agency from unnecessary liability.
Follow the policy
Following policy may seem like simple advice, but in today’s information age, any action can quickly become a viral public spectacle. This, combined with an increasingly litigious inmate population, underscores the importance of corrections officers carefully adhering to facility policies.
It can be tempting to take shortcuts in the name of efficiency or to avoid confrontation. However, in many cases, policy is the only immediate legal protection available to staff. Deviating from established standards exposes both staff and the agency to liability for misconduct and mistakes that can quickly escalate. This risk can be mitigated by consistently following policy and ensuring policies are updated to reflect the challenges of the current environment.
Don’t forget core training
What is the difference between an assault and a lawful use of force? How do you properly apply an AED or perform chest compressions? Supervisors must ensure that the core functions of our profession are continuously trained and reinforced. Lack of knowledge in critical areas is never an acceptable excuse when it comes to safety and security in our facilities.
With new training constantly emerging and the appeal of cutting-edge techniques, it can be tempting to forgo annual CPR and use-of-force refreshers in favor of specialized training. While de-escalation and leadership conferences offer valuable opportunities, they cannot replace the foundational training that staff must rely on when things go wrong. Supervisors must ensure their teams are prepared for any situation.
Documentation is key
In corrections, there are almost no scenarios where having too much documentation after an incident is a problem — more often, the issue is inadequate documentation. Whether imposing sanctions on an inmate or taking administrative action against an employee, a lack of documentation creates room for accusations of arbitrary decision-making and abuse of discretion.
This is especially critical in employee discipline. By documenting efforts to coach and mentor staff through performance challenges, supervisors establish a clear record of corrective actions. A well-documented progression of interventions not only supports disciplinary measures when necessary but also provides employees with structured guidance to improve.
Thorough documentation is equally vital when recalling specific incident details, particularly years later. In many cases, documentation may be the only available reference: Does it clearly articulate the justification for actions taken?
Avoid knee-jerk reactions
Ego, emotions and authority do not mix well, particularly in high-stress situations. Supervisors must maintain a level-headed approach. Taking a moment to pause and assess a situation — especially when anger is involved — can prevent small mistakes that might later prove costly.
Like documentation, this principle applies equally to both inmate-related and personnel decisions. A supervisor’s goal should be to make sound, defensible choices that stand up to legal scrutiny. A single rash decision can permanently alter how a supervisor is perceived by their staff.
Build personal and organizational knowledge
Supervisors often encounter situations they have never faced before. Fortunately, corrections is an industry built on experience, with thousands of pages of reports and case studies available to learn from. The more we invest in building our knowledge base, the less likely we are to find ourselves unprepared.
Professional development doesn’t have to be overwhelming — it can be as simple as taking the initiative to research unfamiliar topics as they arise. Understanding decisions made by colleagues on other shifts and at different levels of command fosters deeper insight and more informed decision-making.
About the author
Adam Sowden is a correctional supervisor with over eight years of experience in housing, intake, and administrative aspects of corrections at a local facility in Tennessee. Dedicated to developing new officers and supporting their career growth, Sowden is a candidate for a master’s degree at Liberty University and a Certified Jail Supervisor through the American Jail Association.
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