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If an agency discovers employees engaged in unlawful activity toward inmates, the conduct may lead to a criminal investigation and prosecution, with the employees being convicted and sentenced. Naturally, the agency might breathe a sigh of relief, believing the convictions will bring closure. Unfortunately, these agencies are often blindsided by the civil pattern-and-practice investigations that follow criminal proceedings. Pattern-and-practice investigations can place a heavy burden on your agency. Agencies often face costly civil liability and continued negative publicity. This presentation breaks down the legal standards underlying the civil liability in play, steps to limit agency exposure, and tips to navigate pattern-and-practice investigations and avoid liability.

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