Civil Liability, Legally Defensible Use of Force, Civil Process Flashcards
Define civil liability
the responsibility an officer must bear for damages or injuries that the officer has caused another person to suffer… lawsuits may be based on principles of tort liability (direct or indirect)
Define “tort”
a civil wrong, other than a breach of contract, for which a court will provide a remedy in the form of action for damages
Define plaintiff
the person who files or initiates the lawsuit
Define negligence
failure to do what a reasonable officer would be expected to do under the circumstances
A plaintiff’s civil case will be based on what 3 things?
- whether the officer owed a duty to the plaintiff
- whether the officer breached that duty by failing to act reasonably
- whether that negligence caused the injury
3 types of intentional torts/willful misconduct:
- assault and battery
- false arrest and imprisonment
- malicious prosecution
Cases involving intentional torts and willful misconduct may result in the assignment of punitive damages… used to discourage such conduct by officers.
the SC Tort Claims Act allows the state to assume responsibility for the negligent actions of its employees, rather than them bearing the responsibility personally.
What must a plaintiff prove in a civil rights case?
- that some person has deprived them of federally protected rights (IE under bill of rights or 14th Amendment due process clause)
- that the person who deprived them of that right acted under color of state or territorial law
Who can section 1983 lawsuits be brought against?
only someone acting under official authority of law
Categories of Liability and Immunity
- Municipal Liability (deep pockets… plaintiff seeks compensation for injury from treasury of the municipality that employs the offending officer)
- Direct Liability (the officer who caused the damages is sued directly)
- Immunity
A. Absolute immunity (judges/legislators)
B. Sovereign immunity (protects the state)
C. Qualified/limited immunity (protects officers who
act within the limits of statute/policy)
When considering qualified immunity, the court will analyze what 3 things?
- was a constitutional right violated?
- was that right clearly established?
- in the context of the facts, would a reasonable officer have known that his or her conduct violated that right?
Force can be used to:
- affect an arrest
- prevent an escape
- for self-defense
- protection of self or others
Three factors for evaluating an officer’s use of force:
- severity of the crime
- was the subject an immediate threat?
- did they resist arrest or attempt to flee?
The judge and jury must try to put themselves in the officer’s shoes to evaluate objective reasonableness.
Positional asphyxia, excited delirium, carotid holds
Positional asphyxia is when the position of the body interferes with respiration… try not to leave suspects in the prone position any longer than necessary.
- Hogtying is not allowed.
- excited delirium = delirium, psychosis, violent behavior, superhuman strength, dilated pupils, paranoia, hallucinations, hyperthermia, undressing in public, hiding behind cars, bushes or trees, hearing voices, high blood pressure/pulse, aggression towards objects (especially glass), thrashing after restraint, jumping into water, yelling, self-inflicted injury…
What is the “fleeing felon” rule?
officer may not use deadly force to apprehend a fleeing suspect UNLESS the officer has probable cause to believe that the suspect poses a significant threat of death or serious injury to the officer or others, AND there is no better course of action than using deadly force, I.E. it is NECESSARY
Three factors to consider when using deadly force
- ability
- opportunity
- jeopardy
Use of police dogs
Both dog and trainer must be adequately trained (with documentation of that training)
Always give warning/call out before deploying a dog.
Things you can do when operating an emergency vehicle…
- park anywhere
- run red lights/stop signs
- exceed speed limits (if able to do so safely)
- drive the wrong direction in a lane
Things you can do with no lights and sirens
- catch up to a speeder/obtain evidence of a violation
- respond to a crime in progress where you don’t want to announce your arrival
- surveilling someone
When considering pursuing a car, weigh these factors:
- is the suspect known to the officer?
- where will the pursuit?
- what are the weather conditions?
- what are the traffic conditions?
- are pedestrians likely to be present?
- what is the condition of the officer’s vehicle?
- what is the nature of the offense committed?
It is hard to call off a pursuit once you are in it… ask yourself:
- why am I pursuing this vehicle… do I know it’s worth it, or do I just believe it’s worth it?
- is this pursuit now so dangerous that the risk to innocent persons outweighs the need to apprehend the suspect?
- Am I so personally involved in this that I have forgotten the safety of others?
- Is this so personal that I’m just trying to “win” now?
- Has a high state of excitement shaded my good judgment?
Deadly force with vehicles can apply to:
- pit maneuvers
- shooting at vehicles
- road blocks
Using deadly force in an attempt to stop a vehicle counts as a form of seizure under the 4th Amendment.
Justice Scalia ruled that an officer who uses deadly force to terminate a high-speed chase for the safety of innocent bystanders…
does not violate the 4th Amendment, even though it poses risk of injury or death to the suspect.
General Training Inadequacy
A municipality can be held liable based on a policy or inadequate training that the municipality should have known could lead to officers violating the rights of people who they come in contact with.
The Supreme Court ruled that inadequacy of training could serve as the basis for municipal liability under 42 U.S.C. 1983 if the failure to train police leads to injury to suspects/bystanders.
3 Human Factors in legally defensible use of force:
- Perception
- Processing
- Reaction time
3 Dynamics of a lethal force encounter
- Start/stop shooting
- physical exertion
- render aid
In order stop shooting, an officer must focus on…
the suspect’s behavior, clarifying that what you think you are seeing is what is actually happening
After a lethal force encounter, when should medical aid be made available?
as soon as the scene is safe
Considerations for use of force on mentally ill suspects
Don’t use high levels to stop a mentally ill person from harming themselves if they are not a threat to anyone else
When considering using force, officers should consider…
the seriousness of the offense (as perceived by the officer), actual threat/resistance/evasion by suspect
Use of Tasers…
- should only be deployed in response to perceived immediate danger
- CANNOT be reasonably used to counter active resistance that does not present immediate danger, because physical resistance is not synonymous with “risk of immediate danger”
- Tasing a mentally ill person who isn’t endangering anyone else is EXCESSIVE FORCE
Continued Use of Force
Use of force occurs during a series of events, for a period of time.
It is possible to “parse” the sequence of events as they occur… remember - Totality of Circumstances
Can you use force after a suspect is immobilized/not resisting?
NO
Define Civil Process
summons or writ to appear/respond in court (Writ, Summons and Complaint, Subpoena, Notice of Hearing)
Define Writ
court’s written order commanding you to do/refrain from a specified act
Define Summons and Complaint
writ/process commencing the plaintiff’s action and requiring the defendant to appear and answer in court. The complaint is the initial pleading that starts a civil action and states the basis for the court’s jurisdiction, the basis for the plaintiff’s claim, and demand for relief.
Define Subpoena
writ commanding a person (witness) to appear before court… can also be requesting specified documents
Define Notice of Hearing
legal document that invokes parties to hear a motion… date/time/place
Discuss Restraining Orders
Orders in the nature of an injunction.
- Temporary
- Permanent (Magistrate’s Court)
- Order of Protection (Family Court)
Discuss “Claim and Delivery”
claim for recovery of personal property wrongfully taken (Magistrate’s Court)
Discuss Eviction
Landlord/Tenant Law (Magistrate’s Court)
Magistrates Court has jurisdiction over…
Civil and Criminal cases… up to $7500 in damages, $500 fine/30-days imprisonment
Municipal court has jurisdiction over…
Only criminal cases… $500/30-days
Circuit Court of Common Pleas has jurisdiction over…
Only Civil Cases… damages over $7500
What court deals with criminal cases that will require over 30 days imprisonment?
General Sessions Court
Probate Court has jurisdiction over what four things?
- wills
- estates
- guardian ad litem
- mental competency
Family Court has jurisdiction over what six things?
- divorce
- child custody
- child support
- alimony
- visitation
- juvenile offenders (not being tried as an adult)
Master in Equity Court is also known as what? Also what does it have jurisdiction over?
“Court of Fairness”
- Foreclosure
- partition of property
- Guardian ad litem
Three types of criminal courts in SC?
Magistrate, Municipal, General Sessions
What court has jurisdiction over mental competency?
Probate
What courts have jurisdiction over guardian ad litem?
Probate and Master in Equity
What court has jurisdiction over partitions and foreclosure?
Master of Equity/”Court of Fairness”
