Chapter 14 Flashcards
One of the legal problems facing police officers and police departments in recent years has been the expanded impact of ___ for alleged police misconduct.
civil and criminal liability
a ___is a private injury inflicted on one person by
another person for which the injured party may sue in a civil action.
tort
In ___, defendants are not liable unless they foresaw or should have anticipated that their acts or omissions would result in injury to another
negligence suits
___ are voluntary and deliberate acts, such as assault, false arrest, false imprisonment, and malicious prosecution.
Intentional torts
The most common legal vehicle by which federal courts can acquire jurisdiction of these suits is commonly referred to as a ___
1983 action.
The ___is a nonprofit agency founded in 1967, and today it is one of the most highly respected sources of legal advice and training for police officers.
Americans for Effective Law Enforcement (AELE)
A critical element of Section 1983 is that the violation must have occurred while the officer was acting ___
“under color of State law”
Federal officials can be sued under one of two complaints.
Bivens action, Federal Tort Claim Act
an effort to impose liability on supervisors for the tortious conduct of their employees is based on the
common-law doctrine of respondent superior. That doctrine is also called ___
vicarious liability
The Court held that inadequate police training may form the basis for a civil rights claim “where the failure to train amounts to ___
deliberate indifference
the greatest sources of litigation under Section 1983 in recent years have been negligent ___ and negligent ___.
supervision, training
Would a reasonable officer confronted with the
same or similar circumstances make the same decisions and conduct the same actions?
Objective reasonableness
The two most popular field training programs are the ___ model and the ___ model
San Jose (CA), Reno (NV)
as a general rule, the ___ is not required to pay ordinary damages that result from a civil negligence suit.
individual employee
the Supreme Court has established a rule that police are entitled to ___ for acts made in good faith that can be characterized as “objectively reasonable.”
“qualified” immunity
police officers who ignore classic signs of illness, such as a heart attack, are depriving arrestees of their ___ right to receive medical care as a pretrial detainee.
Fourteenth Amendment
the ___ decision makes clear that the standard of reasonableness emanates from the officer’s perception at the time of the crisis that results in the shooting
Graham v Connor
police officers have no duty to refrain from chasing a criminal suspect, even when the risk of harm to the public arising from the chase is___
foreseeable
In such cases, some courts impose liability on the officer and the department if the accident was a ___ of police negligence.
foreseeable consequence
Increasingly, police departments are permitting
their officers to pursue only individuals who are known to have committed___
dangerous felonies
___ is accomplished through sound management controls and a reduction in the number of pursuit-related accidents.
Liability reduction
comprehensive policy statement should give content to terms such as ___ and provide officers with more particularized guidance
“reasonable” and “reckless”
the Supreme Court decided that police officers have an affirmative duty to end ___ to the community.
“grave risks”
___ of persons suffering from serious mental illness will be arrested at least once during their lifetime.
Forty percent