Civil Liability, Legally Defensible Use of force, civil process

Question 1

Define civil liability

Answer 1

civil liability is responsibility that an officer must bear for damages of injuries that the officer has caused another person to suffer. (Civil lawsuits may be based on principles of tort liability)

Question 2

Define Tort

Answer 2

A civil wrong, other that a breach of contract for which the court will provide a remedy in the form of an action for damages

Question 3

Define Negligence

Answer 3

Ofc. is said to be negligent if he fails to do what a reasonable officer would be expected to do under the circumstances. 
Plaintiff can recover damages if
1. officer owed duty to plaintiff
2. officer breached that duty
3. that negligence caused the injury

Question 4

Define Plaintiff

Answer 4

person who files or initiates the lawsuit

Question 5

concept of municipal liability

Answer 5

“deep pockets” theory of liability, allows plaintiff to go where the greatest assets to satisfy a judgement are located.

Question 6

direct liability

Answer 6

officer who causes injury or harm directly is being sued by defendant.

Question 7

soverign immunity

Answer 7

protects the state (states limited liability in certain cases)

Question 8

qualified immunity

Answer 8

(limited) protects individual officers to the extent that the courts will not require officers to guess at future developments in the law and suffer monetary loss if they guess incorrectly. court will analyze if
1. there was a violation of constitutional right
2. the right had been clearly established, and
3. in context of the facts, would a reasonable officer have known that his or her conduct violated that right?

Question 9

absolute immunity

Answer 9

protects certain individuals from liability in performing their official duties. (judges and legislators)

Question 10

identify and distinguish use of force considerations as set forth forth in Graham v Connor.
distinguish use of force control and use of force for defense

Answer 10

“Objective Reasonableness”
1. Severity of the crime committed.
2. whether the suspect posed an immediate threat to the safety of the officer or others.
3. whether the suspect actively resisted arrest or attempted to evade arrest by flight.
judge and jury evaluate based on what the officer knew at the time.

Question 11

Identify use of force considerations in positional asphyxia, excited delirium, and carotid holds.

Answer 11

Positional Asphyxia: position of body interferes with respiration resulting in asphyxia, Prone with weight on backs, causes in custody deaths or “hogtying” .excited delirium or psychosis behavior. Relieve or weight and keep out of prone position and monitored continously

Question 12

Identify legal consequences officer faces for taking actions that are legally inappropriate by participating in critical thinking exercise and articulating possible consequences in addition to lawsuits that happen as a result of such actions by police (Rodney King Video)

Answer 12

.

Question 13

Identify when an officer is allowed to use deadly force “fleeing felon” in Tennessee v garner. Identify when deadly force can be used for self defense.

Answer 13

when the suspect poses a significant threat of death or serious physical injury to the officer or others. Self defense its authorized to protect his or her own life or the life of another.
Ability, Opportunity, and jeopardy are all considered.

Question 14

Define legal guidelines that apply to pursuit or emergency vehicle response.

Answer 14

proceed past a red or stop signal, stop sign but only after slowing down
exceed maximum speed limit (not endanger life or property)
disregard regulations governing direction of movement or turning in specified directions

Question 15

Recognize circumstances where deadly force is authorized and the facts that determine if deadly force against fleeing vehicle is consititutional per Brower v Count of Inyo, Scott v harris, Plumhoff v rickard.
Checkpoint safety considerations as illustrated in Reed v Medlin.

Answer 15

Garner: apprehension by the use of deadly force is a seizure subject to the “reasonableness requirement” set forth by 4th amendment.
Brower v County of Inyo: Roadblock is a seizure under 4th amendment the right for LE to seize using deadly force must be balanced against the citizen-defendants right to be free from unreasonable seizure.
Scott v harris: police officers attempt to terminate a dangerous high-speed pursuit does not violate 4th amendment.
Plumoff v rickard: police acting reasonably to stop a risk using deadly force isn’t violation of 4th amendment.

Question 16

identify what city of canton, ohio v harris says about municipal liability for failure to train.

Answer 16

inadequacy of police training may serve as the basis for municipal liability.

Question 17

Review fleeing felon rule as outline in Tennessee v Garner

Answer 17

Ofc may not use to apprehend non dangerous, unarmed fleeing suspects. ofc has to have PC to believe suspect poses significant threat of death or serious physical injury to the officer or others, ofc may use deadly force, if necessary to stop fleeing suspect.

Question 18

Objection reasonableness test

Graham v Connor

Answer 18

Was it “objectively reasonable”
Judge and jury will evaluate based on what the officer knew at the time when they acted.
Consider seriousness of the offense as perceived by officers/actual threat/resistance/evasion by suspect.

Question 19

When can you use a taser

Answer 19

“Reasonable officer” would do to perceive some immediate danger that could be mitigated using the Taser
Resistance doesn’t mean use taser
Physical resistance is not exactly “risk of immediate danger”

Question 20

Continued use of force

Answer 20

Occurs over sequence of time, totality of circumstances.

Question 21

Identify situations in which the fourth circuit court of appeals has analyzed the related issues.

Answer 21

Reasonable force.