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Promotion Quizzes > Civil Liability Book > Flashcards

Civil Liability Book Flashcards

1
Q

Civil suits increased by ___ from 1967-71

A

124%

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2
Q

During a 5 year period, at least ___ of ___ officers were sanctioned for misconduct (theft - sexual assault)

A

3,000 of 600,000

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3
Q

Some conclude that no other government group is more exposed to civil liability than who?

A

Police officers

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4
Q

Annually, how many civil actions brought against police depts, cities, officers?

A

30,000

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5
Q

What % of officers from multiple agencies within a single county had been sued during their careers?

A

27%

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6
Q

Police lose about __% of the federal case brought against them. A study done in Texas showed police losing __% of lawsuits.

A

8 / 22

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7
Q

The trend is that lawsuits are __ and police are losing more of them. Even win police win, it is __ for the agency.

A

increasing / expensive

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8
Q

Female officers showed __ anxiety over being sued than males and __ officers show more concern than do their chiefs

A

less / lower ranking

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9
Q

__ fears of civil liability can erode the necessary confidence and willingness to act. These views can foster __ , __, and __ between the police and the community

A

unrealistic / protectionism / coverups / division

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10
Q

of the __ police liability case decided by federal courts in __, only __ cases contained a claim of frivolous lawsuit against the police (less than __%)

A

658 / 2004 / 6 / 9

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11
Q

How much of all police encounters with those suspected of committing a crime resulted in civil litigation?

A

1/10th of 1%

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12
Q

Civil liability is an extremely expensive proposition for officers, agencies, gov’ts and taxpayers due to these 4 things

A

-cost of liability insurance
-litigation expenses
-out of court settlements
-punitive damage awards

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13
Q

The cost of an average jury award if liability against a municipality is reported to be about how much? None of these represent the growing trend of settling out of court which make up __% of the results per a Texas study

A

2 million / 25%

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14
Q

A __ survey found that __ was the biggest contributor to the rising cost of municipal liability

A

1996 / police liability

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15
Q

Allowing citizens to sue the police for misconduct has fostered these 2 things

A

-better police training
-more responsible LE practices

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16
Q

When police are held __ for their misconduct, the courts set standards for acceptable and unacceptable behavior and by doing so establish the bounds of what?

A

liable / professional police practice

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17
Q

In reviewing a motion to __, a court must construe the complaint in the light most favorable to the complainant and accept all well pleaded facts as __

A

dismiss / true

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18
Q

If a case survives motion to dismiss and/or a motion for summary judgement, then it will proceed to __

A

trial

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19
Q

The ability of the police to appeal a denial of summary judgement has been restricted by the Supreme court by what 2 case law cases?

A

-Johnson v Jones 1995
-Swint v Chambers County Comm 1995

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20
Q

The restriction to appeal a denial of summary judgement has had what 2 effects on police litigation?

A

-cases now move faster since police defendants can no longer file an automatic appeal of the denial
-more cases will be settled if the only alternative is to proceed to trial

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21
Q

In cases where there is complete lack of evidence the judge can enter a __ or __ that finds in favor of the officer even when jury has found against

A

directed verdict / judgement of law

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22
Q

It is not unusual for police cases to take __ from the event in question to final disposition

A

3-10 years

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23
Q

3 trends in police litigation

A

-has increased sharply since the 1960’s
-successful litigation against police has increased
-significant # of judgements handed down against police despite a good record of defending themselves

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24
Q

What is a civil legal action between private parties not arising from written contracts?

A

torts

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25
Q

Torts are not subject to __, but are addressed by what?

Some torts can be both __ and __

As opposed to criminal acts, 2 things:

A

-criminal punishment / monetary rewards
-torts / crime
-1. violations of explicit law
2. acts against not only the written law but the interests of the state and community

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26
Q

What are the 3 types of torts under state law?

A

-strict liability
-intentional
-negligence

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27
Q

Strict liability:
Behaviors __
Elements __
Plaintiff is not required to prove __, and the defendants mental state is not a __

A

-extremely dangerous
-specific conduct or damage
-fault / judicial consideration

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28
Q

Intentional tort:
Behaviors __
Elements__
Some of the most common examples filed against the police __

A

-Purposive behavior (intentional) likely to result in damage (does not mean an officer intended to inflict injury or damage)
-knowledge, foreseeability, damage or injury
-wrongful death, assault & battery, false arrest, invasion of privacy and false light, intentional infliction of emotional distress

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29
Q

Negligence
Behaviors __
Elements__

A

-inadvertent and unreasonable behaviors
-legal duty, breach, proximate cause, damage or injury

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30
Q

Court case that curtailed the use of deadly force by officers

2 instances when police may use deadly force

A

-Tenn v Garner

-1. Escape of dangerous felon

-2. protect themselves or others from serious physical harm

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31
Q

The threat to do serious bodily harm to another person with the ability to carry out the threat

A

assault

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32
Q

intentional, impermissible, and offensive contact with another is what?

A

battery

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33
Q

Plaintiff claiming __ must establish how many factors for successful civil litigation. Name them

A

-False arrest / 4
1. police willfully detained them
2. detention was against their will
3. detention was made without authority of law
4. person being detained was aware of their confinement

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34
Q

A successful claim of false imprisonment generally requires how many things?
Name them

A

3
1. intent to confine, restrain freedom of movement, restriction of personal liberty
2. unlawful act resulting in restriction of freedom or liberty of movement
3. knowledge of the harm

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35
Q

False imprisonment claims are usually based on what?

A

conduct of the officer following the arrest

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36
Q

1 way to limit the likelihood of a liability for false arrest is to what?

A

secure a warrant before the arrest

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37
Q

A simple invasion of privacy consists of how many parts?
Name them

A

3
1. an intrusion
2. that is highly offensive
3. into some matter where there is a legitimate expectation of privacy

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38
Q

What occurs then a police officer gives publicity to a private matter concerning a specific citizen in a fictitious and negative way?

A

false light invasion of privacy

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39
Q

4 elements to establish a case of negligence

A
  1. a legal duty
  2. a breach of duty
  3. proximate cause
  4. actual damage or injury
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40
Q

Most common legal doctrines barring police liability are what?

A

sovereign immunity and public duty

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41
Q

Most common defenses to claims of police liability include:

A

contributory negligence, comparative negligence, assumption of risk, sudden peril

42
Q

What is 1 of the first cases involving sovereign immunity in the US?
Led to which amendment?
(Which gave states sovereign immunity)

A

-Chisolm v Georgia 1793
-11th

43
Q

Sovereign Immunity: States are protected by the doctrine, but who is not?

Who can be sued?

A

-municipalities
-police officers

44
Q

Sovereign Immunity: Focuses on defendants ___
Bars recovery of __ from state

A

-conduct
-damages

45
Q

Public Duty
Focuses on relationship between __ and __
Bars recovery absent a __

A

-plaintiff / defendant
-special relationship

46
Q

Contributory negligence
Focus on __ conduct
Not a common defense

A

plaintiff’s

47
Q

Comparative negligence
Focuses on who’s conduct?
Mitigates recovery based on what?

A

-both parties
-% of fault

48
Q

Assumption of risk
Focuses on who’s conduct?
Knowingly engages in what?

A

-plaintiff’s
-risky behavior

49
Q

Sudden Peril
Focus on __ conduct in sudden, unexpected emergency
Does not apply when what happens?

A

-defendant’s
-officers create the peril or emergency by their own misconduct

50
Q

What provides the most common avenue for suing police for misconduct?
The most common being what?

A

-Federal law
-Civil rights act

51
Q

Why is litigation under civil law more frequent and a greater threat to police personnel than going through criminal charges for violating citizens constitutional rights?

A

-Juries are sympathetic to rights violations
-juries are not likely to impose criminal sanctions on police absent heinous violations

52
Q

What is the legislation which allows a remedy for deprivation of civil rights that is now the cornerstone of police federal liability litigation?

A

42 USC Section 1983

53
Q

citizens seeking redress for civil rights violations can sue officers successfully if they can show these 4 things

A
  1. both plaintiff and defendant are persons within meaning of the statute (person is anyone under jurisdiction of US govt)
  2. officer was acting under color of the law
  3. there was a violation of federally protected right
  4. violation reached a constitutional level
54
Q

What supreme court case is this?
-states cannot be liable under 42 USC section 1983
-Civil rights act of 1871 was a congressional enactment to the widespread deprivations of civil rights in southern states and inability to protect those rights or punish wrongdoers

A

Will v Michigan Dept of state police

55
Q

the supreme court uses 3 torts to determine whether conduct constitutes state or merely private action, name the 3

A

-public function test
-state compulsion test
-symbiotic relationship of nexus test

56
Q

conduct that can be redressed under section 1983 is limited to violations of __

A

federally protected rights

57
Q

congress shall make no law respecting an establishment of religion, or prohibiting the free exercise of, or abridging the freedom of speech, or of the press, or the right of the people to peaceably assemble, and to petition the govt for a redress of grievances

A

1st amendment

58
Q

the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated, and no warrants shall issue but upon probable cause and particularly describing the place to be searched and the persons or things to be seized

A

4th amendment

59
Q

no person shall be held to answer for a capital or otherwise infamous crime, unless an indictment of a GJ, except in cases arising in the land or naval forces or in the militia, when in actual service in times of war, nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb, nor be a witness against theirself, nor be deprived of life, liberty, or property, nor shall have private property taken for public use without just compensation

A

5th amendment

60
Q

in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state, and to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense

A

6th amendment

61
Q

excessive bail shall not be required, no excessive fines imposed, nor cruel and unusual punishments inflicted

A

8th amendment

62
Q

all persons born or naturalized in the USA and subject to the jurisdiction are citizens of the USA and of the state they reside. No state shall make or force any law which shall abridge the privileges or immunities of citizens of the USA, nor shall any state deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws

A

14th amendment

63
Q

negligent acts by the police or acts that result in very minor injury, in and of themselves, normally cannot form the sole basis of __

A

section 1983

64
Q

who can be held liable under the provisions of section 1983 if police conduct results in the violation of a citizens constitutional rights due to the deliberate indifference of a municipality

A

municipal governments

65
Q

municipalities can be held liable for a police officers actions if: 3 things

A

-the act is a product of an official policy
-the act is a product of an organizational custom or practice
-in either case, the policy or custom is the “moving force” behind the action

66
Q

interpretation of the statute requires that an officers violation of a citizens constitutional right to be attributed to a municipal policy or custom either __ or __

A

created or condoned by a high level municipal policy maker

67
Q
A
68
Q

while all factors indicate the existence of an official policy or custom as well as actual or constructive knowledge on the part of the policy maker, courts view custom in the __ surrounding the constitutional violation

A

totality of the circumstance

69
Q

the courts have ruled that the presence or absence of a single factor usually does not determine the liability. What does?

A

totality of the circumstance

70
Q

who has held that under the single act exemption, one violation of a constitutional or federally protected right may be sufficient to prove deliberate indifference and hence municipal liability

A

US supreme court

71
Q

while there is some confusion among the federal courts on what level of culpability is required for a finding of liability, the recognized standard is __

A

deliberate indifference

72
Q

the courts have recognized that __ or an __ may rise to the level of deliberate indifference

A

-gross negligence
-accumulation of related incidents of mere negligence

73
Q

what is one of the most common forms of municipal liability

A

failure to act

74
Q

what is frequently the basis for the failure to act claim brought under section 1983?
what case brought this up?

A

-inadequate or improper training of officers
-city of Canton v Harris

75
Q

the courts have recognized at least 11 situations that are sufficiently customary that they require training, name them

A

-basic medical care
-procedures for arresting fleeing felons
-dealing with mentally ill people
-strip searches
-commission of perjury
-warrantless searches
-sexual harassment
-use of force (deadly and non)
-arrest complaint procedures
-police retaliation
-off duty or 2nd job performance

76
Q

four defenses to section 1983 afforded to officers but not municipalities are:

A

-absolute immunity
-qualified immunity
-probable cause
-good faith

77
Q

if the law is not clearly established or the conduct is reasonable, then an officer has what?

A

qualified immunity

78
Q

perjury and/or providing the courts with incorrect information is the only circumstance where the courts recognize what?

A

absolute immunity for officers

79
Q

officers cannot be sued for __ under section 1983 so as to not deter testifying altogether

A

absolute immunity

80
Q

the best way to demonstrate probable cause is to __

A

obtain a warrant

81
Q

facts known later could not have reasonably been known at the time is called what?

A

good faith

82
Q

regards officers discretionary duties (deliberation and judgment)

A

qualified immunity

83
Q

when officers use force, they are expected to use __

A

only the amount of force that is necessary and reasonable

84
Q

excessive force is any force that is __ and __ to accomplish a legal objective

A

unreasonable / unneccessary

85
Q

any amount of force used to effect an illegal arrest is __

A

excessive force

86
Q

lawsuits alleging the use of excessive force, brutality, assault, battery, can be filed in state courts as what? or in federal courts as what?

A

-state tort actions
-section 1983 claims

87
Q

the major distinction between state and federal actions is the element of __

A

constitutional deprivation

88
Q

the standard of proof in a state case is often __ restrictive than that needed in a federal lawsuit

A

less

89
Q

most excessive force cases are filed in __

A

federal court

90
Q

supreme court case on police use of deadly force

A

Tenn v Garner

91
Q

what was Tenn v Garner case about?

A

-officer shoots a 15 y/o fleeing a burglary in the back of the head while climbing fence
-officer admits he had no reason to believe suspect was armed
-officer believed he was acting under “fleeing felon” statute

92
Q

Tenn v Garner: courts found the officers actions amounted to a __ under 4th amendment

A

seizure

93
Q

Tenn v Garner: officer may only seize a suspect by deadly force when?

A

the officer believes the suspect poses a threat of serious physical harm either to officers or others

94
Q

2 points to consider in determining immediate danger

A

-nature of the danger
-immediacy of the threat (merely being armed is not enough)

95
Q

cornerstone of immediate danger requires that the target force be :

A

-armed or in a group that is physically assaulting officer
-capable of inflicting SPI
-and actually imminent threat to do SPI

96
Q

deadly force may be used (not always) when officers reasonably believe suspect has committed a crime involving use, or threatened use of serious physical harm. Which crimes have the courts determined reach this level?

A

-murder
-bank robbery
-armed robbery

97
Q

Which supreme court case?
USSC ruled the standard of objective reasonableness must be used to determine whether the use of physical force to restrain was excessive or not

A

Graham v Connor

98
Q

all claims of police excessive force are to be analyzed under what?

A

4th amendment

99
Q

proper legal standard to use in applying the 4th amendment is what?

A

objective reasonableness standard

100
Q

2 part rule of the reasonableness standard

A

-the reasonableness of officers actions (no 20/20 hindsight, no mind reading)
-the reasonableness of the seizure itself

101
Q
A

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