Civil liability Flashcards
What is civil liability?
Responsibility that officer must bear for damages or injuries to another person
What is Tort?
A civil wrong, other than a breach of contract;
Who is the plaintiff?
The person who files or initiates the lawsuit
What is negligence?
When an officer fails to do what a reasonable officer would do under the same circumstances
The plaintiffs case is based on whether?
The officer owed a duty to the plaintiff; the officer breached that duty; that negligence caused the injury
What is qualified immunity?
“Limited immunity”; protects individual officers; court will analyze if there was a violation, right has been established, a reasonable officer conduct violated that right
What is direct liability?
Officer who caused harm or injury directly is the person being sued
What is absolute immunity?
Protects certain individuals from liability when performing official duties. Ex. Judges & legislators
What is sovereign immunity?
Protects the state; legislation allows for limited liability in certain cases. Ex. S.C. Tort Claims Act
Municipal liability?
“Deep pockets” liability; plaintiff goes to government treasury for judgement; (Monell v dept of social services of New York)
What is use of force for control?
Necessary force to restrain or control suspect
What is use of force for defense?
Necessary force to defend yourself
What are use of force considerations for positional asphyxia and carotid holds?
Only use when deadly force is authorized;
Tennessee v Garner
Officers can use deadly force on fleeing suspect if there is probable cause that the suspect poses significant threat of death or serious injury; must identify as LEO and issue orders to halt and drop weapon
What are use of force considerations?
Effect an arrest; prevent escape; self defense; protection of general public
Graham v Connor
Use of force standard is objective reasonableness; factors are severity of crime, immediate threat to public, resisted arrest or evaded by flight
S.C. Code of Laws 56-5-760
The driver of an authorized emergency vehicle may:
1.Park or stand, not withstanding any other provision
2. Proceed past a red light safely and slowly
3. Exceed max speed limit without endangering life or property
4. Disregard direction of movement or turning directions
When is deadly force authorized against a fleeing vehicle?
When attempting to terminate dangerous, high speed behavior that threatens the lives of innocent bystanders; this will be analyzed on a case by case basis.
What are the checkpoint safety considerations (Reed v. Medlin)?
Motorist was killed during a unsafe traffic checkpoint; bottom of the hill, no visibility, no emergency escape, dangerous curves were a factor
City of Canton, Ohio v. Harris
Municipality can be held liable based on inadequate training if that training causes deliberate indifference to the public
What are Intentional torts/willful misconduct?
Plaintiff says officer intentionally caused the plaintiffs injury; ex. Assault & battery, false arrest, malicious prosecution
When involving intentional torts, which two damages could be awarded?
Punitive amd actual damages
What are punitive damages?
Punishment money
Wha ‘it’s important in the use of a police dog?
Warn suspect before releasing the dog; maintain training records; render aid once in custody
Police vehicles do not need to use sirens when?
Obtaining evidence of speeding violation; responding to a crime without destroying evidence
; surveillance
