LE Practices- Session 12- MFP Digest Part 1 Flashcards
What is the increasing concern for police officers and their employers?
Civil liability is ever increasing in the field of law enforcement.
What can happen if a plaintiff proves malice in a civil action against a police officer?
Dire economic consequences can result to the officer and his family.
What are the types of legal actions that can be brought against a private citizen involved in an assault?
(1) Be arrested and be tried in a State court for criminal assault; and
(2) Be sued in State court for money damages based on the tort of assault and battery.
(A tort is a wrongful act, not involving a contract, which causes injury or damage to another.)
What are the types of legal actions that can be brought against an on duty police officer involved in an assault?
Police officers face broader legal actions compared to private citizens, including:
1) Criminal assault in State court
2) Civil suit for assault and battery in State court
3) Criminal violation of civil rights in Federal court
4) Civil action for deprivation of civil rights in Federal court
5) Administrative hearing for disciplinary procedures.
What are common civil legal actions against police officers?
Common civil legal actions include:
1) Assault and battery
2) False arrest or imprisonment
3) Malicious prosecution and abuse of process
4) Negligence
5) Violation of Federal Civil Rights statutes.
Statistical studies reveal that a majority of the civil liability lawsuits brought against police officers and police departments are based on:
The civil torts of assault and battery and false arrest.
What are the two kinds of damages that can be claimed and awarded in a civil action?
The two kinds of damages are:
1) Ordinary (compensatory) damages
2) Exemplary (punitive) damages.
What are ordinary (compensatory) damages?
Ordinary damages cover ‘out of pocket’ losses and non-punitive damages allowed by law.
What are exemplary (punitive) damages?
Exemplary damages are awarded to punish the defendant for malicious actions and deter others.
What can police officers do to reduce civil liability actions?
Police officers should:
1) Continue police training
2) Stay updated on legal doctrines
3) Act professionally
4) Avoid excessive police functions.
What constitutes assault in civil law?
Assault is an intentional, outward demonstration to inflict immediate injury or harm on another person present.
Words alone do not amount to an assault, nor is a menacing gesture, without an attempt or threat to strike the person.
What constitutes battery in civil law?
Battery is intentional and unwanted physical contact.
What is the ‘No Sock’ law?
Under New York’s ‘No Sock’ law, an arrestee may not use physical force to resist an arrest by a recognized officer. (whether the arrest is authorized or unauthorized)
See, P.L. §35.27
The “No Sock” law is not intended to insure that an officer will not be sued. Whether the force used was reasonable or excessive may ultimately be a question of fact for a civil jury to decide.
To avoid situations that may result in a civil suit for assault and battery officers should:
- maintain your professional composure at all times.
- insure you have command of the situation and your emotions during a volatile confrontation.
- speak use in a commanding manner to resolve the situation in your favor
- never overreact or use excessive force
- use only that amount of force necessary
What should an officer do if an altercation occurs?
The officer should:
- Make extensive notes of the incident -include the words used and actions taken by all persons involved and the names and addresses of all witnesses.
- Take written statements from witnesses as soon as possible, statements taken by officers not involved in incident
- Notify a superior officer.
What is false arrest or imprisonment?
These actions often occur when arrests are illegal or are made without a warrant. There must be an unlawful arrest or seizure and unlawful restriction of plaintiff’s freedom of movement.
What is necessary for a civil action for false arrest?
In a civil action for these torts, the plaintiff need not prove that a formal arrest took place; the important elements are the intentional, unlawful or forcible
detention of the plaintiff by the defendant.
If the detention of the arrestee is illegal, even if the officer’s intentions were innocent, recovery of civil damages is possible against the officer-defendant.
What is the best way to minimize civil legal actions for false arrest?
Arrest with a warrant whenever possible.
Arrest and detention made pursuant to a warrant, valid on its face, under most circumstances, protects you from a civil action based on false arrest or imprisonment.
The legal reasoning behind this is that the officer is duty bound by a court order, after probable cause has been proved to
the court’s satisfaction, to bring the person named therein before the court.
Will an officer have civil liability if it is proved there was probable cause at the time of arrest but the defendant was found innocent at trial?
If probable cause or legal justification is proved as an affirmative
defense by the officer-defendant, it is a bar to recovery of money damages by the plaintiff-arrestee.
The legality of an arrest is established from the facts that occur at the time it is made, and it is not affected by the outcome of a later criminal trial.
What is negligence in civil law?
Negligence occurs when a person fails to exercise reasonable care, resulting in injury or damage to another.
What is a major source of civil negligence liability for police officers?
The operation of a police vehicle is a major source of civil negligence liability.
What is a police officer’s greatest exposure to civil negligence liability?
Their operation of a police vehicle
Does the VTL grant officers license to operate police vehicles as emergency vehicles at any time?
The VTL does NOT grant police officers the license to operate those vehicles as emergency vehicles at ALL TIMES, only when a police vehicle is “INVOLVED IN AN EMERGENCY OPERATION” is the driver granted the special statutory privileges of operation.
These special privileges of driving are to be exercised with due care for the safety of all persons and do not protect the officer from the consequences
of his reckless disregard for the safety of others.
