Civil Liability

Question 1

What circuit is CT?

Answer 1

2nd circuit

Question 2

Which courts create binding laws?

Answer 2

US supreme court
CT supreme/State appellate
Circuit courts

Question 3

Qualified immunity

Answer 3

If you get advice from a competent attorney in a specialized area you will be entitled to qualified immunity

Question 4

Test for qualified immunity

Answer 4

Complete facts
Get advice directly related to you question
Act promptly
The attorney is competent in that area

Question 5

Pursuit defined

Answer 5

A pursuit occurs when you believe the person knows you are there and maintains or increases speed

Question 6

Things to consider with pursuit

Answer 6

Weather
Give radio descriptions
Whats the offense 
Road (what kind of road)
Time of day
Traffic
Population density

Question 7

1981 Equal protection

Answer 7

If you discriminate against someone

Question 8

1983 Civil rights violation

Answer 8

Violate someones civil rights while working under color of law

Question 9

1985 Conspiracy

Answer 9

Plan to violate someones rights

Question 10

1986 Non Actor

Answer 10

Failure to intervene

Question 11

1988 Attorney award fee act

Answer 11

Attorney makes a ton of money for winning these cases

Question 12

18 U.S.C. SS 241

Answer 12

Conspiracy to violate civil rights

Question 13

18 U.S.C. SS 242

Answer 13

Actually violating someones civil rights (can be criminally charged)

Question 14

2 part test for civil rights violations

Answer 14

Notice- Where you aware of the violation

Opportunity- Did you have the ability to stop the violation

Question 15

Test for reasonable use of force

Answer 15

Severity of underlying offense
Immediate harm to police or others
Resistance or Escape

Question 16

Are officers allowed to make mistakes?

Answer 16

YES only if REASONABLE

Question 17

Indemnification

Answer 17

Officers will be protected from personal liability unless your actions are:

• Willful and wanton leading to punitive damage award
• Outside the scope of duty
• Libel(written) or slander(spoken

Question 18

Probable cause issues

Answer 18

Try to avoid arrests in marginal PC cases
2 part test:
-How serious or dangerous is the underlying offense
-Can i relocate suspect