Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Sovereign Immunity > LEO Essays > Flashcards

LEO Essays Flashcards

1
Q

LEO Battery + False Arrest would be based on what action & under what constitutional amendment?

A

EXCESSIVE FORCE – BATTERY/SEIZURE, 4TH AMENDMENT
A. Protection.
1) 4th amend = s&s
2) Shooting, crash.
B. Stop w/ Qualified. Discretionary, clearly estab rt (4th A)
C.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What protection shd an arrestee get from the constitution to keep him free of LEO Battery + False Arrest?

A

4th amendment protects search & seizure.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the 1st thing LG shd claim when facing 4th amendment LEO Battery + False Arrest?

A

Qualified immunity.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Lay out the 3 step analysis for a 4th amendment LEO Battery + False Arrest.

A 
LEO - CONST
-----------
	Analysis.
1.	Issue  	LEO = reas.
2.	Std.	Obj reas in-the-moment.
3.	Key:	Arrest permits physical.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What law must you ALWAYS include when alleging a 4th amendment LEO Battery + False Arrest?

A 
LEO - CONST
-----------
42 USC 1983
\+
4th amendment.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What type of fact pattern triggers a 4th amendment claim?

A

Excessive force (beating) & seizure (shooting/car crash/false arrest)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What constitutional claim might someone make who has been in a car chase w/ police without a crash?

A

14th Amend, life + liberty w/ subst dp.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What does ‘subst dp’ keep you free of?

A

arbitrary (egregious).
B. Stop w/ Qualified. Discretionary, clearly estab rt (4th A)

D. Pairs Well w/ State Tort – Intended to Inflict ROC to person.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What 2 laws must you ALWAYS include when alleging substantive due process?

A 
LEO - CONST
-----------
42 USC 1983
\+
14th amendment.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the 1st thing LG shd claim when facing 14th amendment subst dp?

A

Qualified immunity.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are LG’s defenses to 14th Amendment, subst dp?

A

LEO - CONST

(1) More definite avail.
(2) Public purp, not egregious, arbitrary.
(3) Failure to assert 42 USC 1983

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What type of fact pattern triggers a 14th amendment claim?

A

Car chase where criminal crashes himself.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What might pair well w/ a 14th amendment subst. dp claim?
Why?

A

State claim of intentional infliction of emotional distress.
Why? Both subst dp + IIED require egregious conduct.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What constitutional violation might a criminal or citizen claim vs LEO’s employer?
Under what law?

A 
LEO - CONST
-----------
Failure to train.
---
Sue under 1983 for INDIFFERENCE to Constitutional Rts.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What does 42 USC 1983 protect you from?

A

Deliberate indifference to constitutional rts.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What kind of fact pattern triggers a ‘failure to train’ claim under 42 USC 1983?

A

All sorts.
Crash/shooting/welfare check/beating.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

State the 3 step analysis of a ‘failure to train’ claim under 42 USC 1983, i.e., what must PL show?

A

LEO - CONST

1) Custom or policy of inadeq training
2) Actual or constr knowledge yet deliberate indiff.
3) Delib indiff = cz of injury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What are 2 defenses to a ‘failure to train’ claim under 42 USC 1983?

A 
LEO - CONST
-----------
PL failed to show: 
(a) Custom or policy or 
(b) Delib indiff.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What are the 3 elements of a State claim of battery by LEO?

A 
LEO - CONST
-----------
[Bat Intends Homerun for Person]
-----------
1.  Affirm intentnl inflict of 
2.  Harmful or offensive contact
3.  Upon PL.
20
Q

What are the 3 elements of the requisite intent for a State claim of battery by LEO?

A

LEO - CONST

  1. Reas person wd believe
  2. Subst certain to result in
  3. Harm or offense to PL.
21
Q

What are 2 thing that you employ when considering LEO’s conduct?

A

LEO - CONST

  1. Presumed GF.
  2. Force reas under circums?
22
Q

When alleging State claim of battery by LEO, wd you sue the individual or LG?

A 
LEO - CONST
-----------
Indiv:  If BMW
LG:  If
1.   w/i scope of employmt &
2.   Not BMW disregard of rts.
23
Q

What are the 4 elements of assault by LEO?

A 
LEO - CONST
-----------
[Ass Threatens the CIA]
-----------
1.   Intentl
2.   Threat
3.   Creating fear of imminent
4.   Apparent ability for Def to carry out.
24
Q

What are the 3 elements of false arrest by LEO?

A 
LEO - CONST
-----------
[False Arrest for DUI]
-----------
1.   Detained
2.   Unreas & unlawful.
3.   Intentnl.
25
Q

What are the 4 elements of Intentional Infliction of E.D. by LEO?

A 
LEO - CONST
-----------
[Inflict a ROC to PL]
A.   Intentnl.
B.   Extreme, outrageous.
C.   Cz severe emotnl distress.
D.   To PL.
Std:		Atrocious, Shocks.
Pairs w/:	Fed 14th Amend, subst dp
26
Q

What Federal claim pairs well w/ a State claim of Intentional Infliction of E.D. by LEO? Why?

A

14th Amendment subst dp. [w/ 42 USC 1983]
Both look for atrocious, egregious, shock the conscience.

27
Q

What are the 4 elements of Malicious Prosecution by LEO?

A 
LEO - CONST
-----------
[I won on the Merits, now I’m MAD.]
-----------
1.   Merits.
2.   Malicious.
3.   Absence prob cz.
4.   Dmgs.
28
Q 
LEO - CONST
-----------
What is the requisite malice required for Malicious Prosecution by LEO?
-----------
Where is the opposite found?
A 
LEO - CONST
-----------
Legal Malice Only:	w/o just cz.   
FL leniency.
-----------
Defamation reqs actual or express.
29
Q

What are the 5 elements of Defamation by LEO?

A

LEO - CONST

  1. Actual or Express Malice.
  2. Publish.
  3. False.
  4. W/o reas care.
  5. Dmgs
30
Q

Who would you sue for defamation - LG or indiv?

A

Indiv. Requires malice. Actual or express yet.

31
Q

What are the 3 defenses to Defamation by LG?

A

LEO - CONST

(1) Truth
(2) Absolute Priv - in scope.
(3) Qualif. Priv

32
Q

What are the 3 elements of Qualified Privilege, a defense vs. Defamation by LEO?

A

LEO - CONST

(1) GF.
(2) Duty to speak, Duty to listen.
(3) Proper occasion, proper publish.

33
Q

What damages are recoverable for Defamation by LEO?

A

$, Bodily, Mental, Reputation.

34
Q

What is the requisite intent needed for Defamation by LEO?
What is it the opposite of?

A 
LEO - CONST
-----------
Actual or express malice.
-----------
Opposite of malicious prosecution which only requires the very lenient legal malice (knew or shd have known.)
35
Q

What’s the difference b/w actual or express malice required in a Defamation by LEO?

A

Express malice needed for a defamation claim is the higher standard used for celebrity claimants.

36
Q

What are the 4 elements of a ‘failure to train/supervise’ claim by LEO?

A

LEO - CONST

  1. Duty reas care.
  2. Breach.
  3. Breach = prox cz.
  4. Dmgs.
37
Q

What are the 2 distinct duties to consider in any negligence claim vs. LEO?

A

Duty to all = duty to none.
Special duty = undertaken for an indiv.

38
Q

Which duty, if owed, relieves LG of negligence claim?

A

Duty to all.

39
Q

What are the 2 defenses to a negligent ‘failure to train/supervise’?

A

  1. No Duty to all. PL must allege undertook spec duty.
  2. Sov. Imm. = *PL must allege Operational
    /Implementation
40
Q

What are the 6 elements of negligent hiring by LEO?

A

LEO - CONST

  1. Duty reas care investigation when hire.
  2. Inapprop invest.
  3. Approp invest wd show unsuitable.
  4. Injured by EE’s indep wrongful act.
  5. Indep wrongful act = foreseeable.
  6. Unreas failure to investigate = cz of injury.
41
Q

What are the 6 elements of negligent retention by LEO?

A

LEO - CONST

  1. Duty reas care in retain.
  2. Actual/construc knwlg of unfitness.
  3. Unreas failed to take corrective act.
  4. Injured by EE’s indep wrongful act.
  5. Indep wrongful act = foreseeable.
  6. Unreas failure corrective act = cz of injury.
42
Q

What are 3 defenses to negligent retention by LEO?

A

LEO - CONST

  1. No notice.
  2. Reas steps taken.
  3. Not foreseeable.
43
Q

If criminal or citizen wants the 911 call log/info, can he get it? If so, what must be redacted?

A

CONFIDENTIAL & EXEMPT while in custody of Agency revealing i.d. of caller.

44
Q

If criminal or citizen wants the 911 call tape, can he get it? If so, what must be redacted?

A 
LEO - CONST
-----------
PUBLIC, REDACT:  
1.   Must/confid - caller i.d. & 
2.  May/exempt - active crim investig info.
45
Q

If criminal or citizen wants the recording of LEO or mass killing, can he get it? If so, what must be redacted?

A

CONFIDENTIAL & EXEMPT. Always.

Sovereign Immunity (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions