Legal Aspects of Policing Flashcards
What is a tort?
A civil wrong
What is strict liability?
It holds people and corporations responsible for the consequences of their actions
Can you be arrested for a tort?
No, since it is a civil wrong
What are examples of intentional torts?
-Wrongful death
-Assault and battery
-false arrest and false imprisonment
-intentional infliction of emotional distress
What are examples of negligence tort?
-A legal duty
-A breach of duty
-Proximate cause
-Actual damage or injury
What are common claims of police negligence?
-Operation of emergency vehicles (hitting someone with a police car without a siren and lights on)
-Failure to protect (officer not taking care of an abusive situation and the victim dies)
-Failure to arrest
-Failure to render assistance (being an off duty police officer failing to render assistance)
What are claims of negligence among police higher-ups (chiefs, trainers, agencies, etc.)
-Negligent selection, hiring, and retention
-Negligent supervision and direction
-Negligent failure to discipline and investigate
How is the Civil Rights Act of 1871 (KKK Act) connected to federal liability?
It makes those acting under color (government official) be liable for violating the constitutional rights of another
What does 42 USC section 1983 of the Civil Rights Act say?
It makes those acting under color (government official) should be liable for violating the constitutional rights of another
What were the four critical elements elements of 42 USC 1983 of the CRA?
Citizens seeking redress for civil rights violations can sue police officers successfully if they can show that:
1. both the plaintiff and the defendant are persons within the meaning of the statute
2. the officer was acting under the color of state law
3. there was a violation of a federally protected right
4. the violation reached a constitutional level
What does 42 USC 14141 say about unlawful conduct?
It shall be unlawful for any governmental authority or agency to engage in a conduct that deprives people of their rights, privileges, or immunities
What is a federal consent decree?
An agreement or settlement that resolves a dispute between two parties without the admission of guilt or liability, usually with monetary compensation
What are examples of federal consent decrees?
-Officer Darren Wilson shot Michael Brown in 2014
-Freddie Gray
-Cleveland police shot 137 rounds at two people in a car after a high-speed chase
-Laquan McDonald was shot 16 times by Officer Jason Van Dyke
