Civil Liability & Civil Rights Violations

Question 1

What is the duty of each Sworn Law Enforcement Professional?

Answer 1

To uphold the constitution and to protect the rights of all citizens.

Question 2

What are the leading causes for why police get sued?

Answer 2

Wrongful action- 26%
False Arrest- 21%
Property Handling- 18%
Excessive Force- 15%

Question 3

What are the top wrongful action claims?

Answer 3

• Civil standby
• Community caretaking
• Detox intervention
• Suicide prevention
• Contacts with mentally ill persons

Question 4

What is the two part test for Qualified Immunity?

Answer 4

1) Was there a violation of the individuals constitutional rights?
2) Should a reasonable officer have known that their conduct would violate the individuals constitutional rights?

Question 5

What is Qualified Immunity?

Answer 5

QI permits officers to perform their duties without fear of constantly defending themselves against insubstantial claims for damages, while it still allows the public to recover damages where officers unreasonably violated their constitutional rights.

Question 6

How can you reduce your risk or exposure to Civil Liability?

Answer 6

• Educate and promote understanding of police procedures.
• Always have a positive attitude (Public perception)
• Take time to explain your actions, particularly if asked.
• Establish positive relationships with community members.
• Know & follow your departments policies and procedures.
• ALWAYS ACT IN GOOD FAITH.