Community Corrections3

Assume that community corrections officers use mace to subdue an unruly offender who is in custody awaiting a state probation revocation hearing. The mace drifts into an adjoining area, causing another alleged probation violator to have a serious reaction, including chronic breathing impairment. What federal constitutional issues arise related to injuries suffered by incarcerated offenders due to the actions of community corrections officers? Does the injured bystander-offender have a civil claim against the community corrections officers who used the mace on the unruly offender? Answer these questions, with reference citations to scholarly research sources, and respond to the contributions of your fellow students. Be sure to consider and discuss the legal concept of qualified immunity.

 

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