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?
