LEO Essays, SOV IMM Flashcards
LEO Battery + False Arrest would be based on what action & under what constitutional amendment?
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.
What protection shd an arrestee get from the constitution to keep him free of LEO Battery + False Arrest?
4th amendment protects search & seizure.
What is the 1st thing LG shd claim when facing 4th amendment LEO Battery + False Arrest?
Qualified immunity.
Lay out the 3 step analysis for a 4th amendment LEO Battery + False Arrest.
LEO - CONST ----------- Analysis. 1. Issue LEO = reas. 2. Std. Obj reas in-the-moment. 3. Key: Arrest permits physical.
What law must you ALWAYS include when alleging a 4th amendment LEO Battery + False Arrest?
42 USC 1983 + 4th amend. ----------- LIST: 4th = search + seizure ~crash, battery, false arrest --- 14th = life, lib w/ subst due process ~iied, no crash --- 1983 = indiff to const rts ~train/hire
What type of fact pattern triggers a 4th amendment claim?
Excessive force (beating) & seizure (shooting/car crash/false arrest)
What constitutional claim might someone make who has been in a car chase w/ police without a crash?
14th Amend, life + liberty w/ subst dp. ----------- LIST: 4th = search + seizure ~crash, battery, false arrest --- 14th = life, lib w/ subst due process ~iied, no crash --- 1983 = indiff to const rts ~train/hire
What does ‘subst dp’ keep you free of?
LEO
1) Arbitrary (egregious).
- –
2) Stop w/ Qualified. Discretionary, clearly estab rt. 4th amendmt.
- –
3) Pairs well w/ State Tort – Intended to Inflict ROC to person.
What 2 laws must you ALWAYS include when alleging substantive due process?
42 USC 1983 + 14th amendment. --- LIST: 4th = search + seizure ~crash, battery, false arrest --- 14th = life, lib w/ subst due process ~iied, no crash --- 1983 = indiff to const rts ~train/hire
What is the 1st thing LG shd claim when facing 14th amendment subst dp?
Qualified immunity.
What are LG’s defenses to 14th Amendment, subst dp?
LEO - CONST
(1) More definite avail.
(2) Public purp, not egregious, arbitrary.
(3) Failure to assert 42 USC 1983
What type of fact pattern triggers a 14th amendment claim?
LIST:
4th = search + seizure ~crash, battery, false arrest
—
14th = life, lib w/ subst due process ~iied, no crash
—
1983 = indiff to const rts ~train/hire
What might pair well w/ a 14th amendment subst. dp claim?
Why?
LIST:
4th = search + seizure ~crash, battery, false arrest
—
14th = life, lib w/ subst due process ~iied, no crash
—
1983 = indiff to const rts ~train/hire
What constitutional violation might a criminal or citizen claim vs LEO’s employer?
Under what law?
LIST:
4th = search + seizure ~crash, battery, false arrest
—
14th = life, lib w/ subst due process ~iied, no crash
—
1983 = indiff to const rts ~train/hire
What does 42 USC 1983 protect you from?
Deliberate indifference to constitutional rts.
What kind of fact pattern triggers a ‘failure to train’ claim under 42 USC 1983?
All sorts.
Crash/shooting/welfare check/beating.
State the 3 step analysis of a ‘failure to train’ claim under 42 USC 1983, i.e., what must PL show?
LEO - CONST
1) Custom or policy of inadeq training
2) Actual or constr knowledge yet deliberate indiff.
3) Delib indiff = cz of injury
What are 2 defenses to a ‘failure to train’ claim under 42 USC 1983?
LEO - CONST ----------- PL failed to show: (a) Custom or policy or (b) Delib indiff.
What are the 3 elements of a State claim of battery by LEO?
LEO - CONST ----------- [Bat Intends Homerun for Person] ----------- 1. Affirm intentnl inflict of 2. Harmful or offensive contact 3. Upon PL.
What are the 3 elements of the requisite intent for a State claim of battery by LEO?
LEO - CONST
- Reas person wd believe
- Subst certain to result in
- Harm or offense to PL.
What are 2 thing that you employ when considering LEO’s conduct?
LEO - CONST
- Presumed GF.
- Force reas under circums?
When alleging State claim of battery by LEO, wd you sue the individual or LG?
LEO - CONST ----------- Indiv: If BMW LG: If 1. w/i scope of employmt & 2. Not BMW disregard of rts.
What are the 4 elements of assault by LEO?
LEO - CONST ----------- [Ass Threatens the CIA] ----------- 1. Intentl 2. Threat 3. Creating fear of imminent 4. Apparent ability for Def to carry out.
What are the 3 elements of false arrest by LEO?
LEO - CONST ----------- [False Arrest for DUI] ----------- 1. Detained 2. Unreas & unlawful. 3. Intentnl.
What are the 4 elements of Intentional Infliction of E.D. by LEO?
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
What Federal claim pairs well w/ a State claim of Intentional Infliction of E.D. by LEO? Why?
14th Amendment subst dp. [w/ 42 USC 1983]
Both look for atrocious, egregious, shock the conscience.
What are the 4 elements of Malicious Prosecution by LEO?
LEO - CONST ----------- [I won on the Merits, now I’m MAD.] ----------- 1. Merits. 2. Malicious. 3. Absence prob cz. 4. Dmgs.
LEO - CONST ----------- What is the requisite malice required for Malicious Prosecution by LEO? ----------- Where is the opposite found?
LEO - CONST ----------- Legal Malice Only: w/o just cz. FL leniency. ----------- Defamation reqs actual or express.
What are the 5 elements of Defamation by LEO?
LEO - CONST
- Actual or Express Malice.
- Publish.
- False.
- W/o reas care.
- Dmgs
Who would you sue for defamation - LG or indiv?
Indiv. Requires malice. Actual or express yet.
What are the 3 defenses to Defamation by LG?
LEO - CONST
(1) Truth
(2) Absolute Priv - in scope.
(3) Qualif. Priv
What are the 3 elements of Qualified Privilege, a defense vs. Defamation by LEO?
LEO - CONST
(1) GF.
(2) Duty to speak, Duty to listen.
(3) Proper occasion, proper publish.
What damages are recoverable for Defamation by LEO?
$, Bodily, Mental, Reputation.
What is the requisite intent needed for Defamation by LEO?
What is it the opposite of?
LEO - CONST ----------- Actual or express malice. ----------- Opposite of malicious prosecution which only requires the very lenient legal malice (knew or shd have known.)
What’s the difference b/w actual or express malice required in a Defamation by LEO?
Express malice needed for a defamation claim is the higher standard used for celebrity claimants.
What are the 4 elements of a ‘failure to train/supervise’ claim by LEO?
LEO - CONST
- Duty reas care.
- Breach.
- Breach = prox cz.
- Dmgs.
What are the 2 distinct duties to consider in any negligence claim vs. LEO?
Duty to all = duty to none.
Special duty = undertaken for an indiv.
Which duty, if owed, relieves LG of negligence claim?
Duty to all.
What are the 2 defenses to a negligent ‘failure to train/supervise’?
- No Duty to all. PL must allege undertook spec duty.
- Sov. Imm. = *PL must allege Operational
/Implementation
What are the 6 elements of negligent hiring by LEO?
LEO - CONST
- Duty reas care investigation when hire.
- Inapprop invest.
- Approp invest wd show unsuitable.
- Injured by EE’s indep wrongful act.
- Indep wrongful act = foreseeable.
- Unreas failure to investigate = cz of injury.
What are the 6 elements of negligent retention by LEO?
LEO - CONST
- Duty reas care in retain.
- Actual/construc knwlg of unfitness.
- Unreas failed to take corrective act.
- Injured by EE’s indep wrongful act.
- Indep wrongful act = foreseeable.
- Unreas failure corrective act = cz of injury.
What are 3 defenses to negligent retention by LEO?
LEO - CONST
- No notice.
- Reas steps taken.
- Not foreseeable.
If criminal or citizen wants the 911 call log/info, can he get it? If so, what must be redacted?
CONFIDENTIAL & EXEMPT while in custody of Agency revealing i.d. of caller.
If criminal or citizen wants the 911 call tape, can he get it? If so, what must be redacted?
LEO - CONST ----------- PUBLIC, REDACT: 1. Must/confid - caller i.d. & 2. May/exempt - active crim investig info.
If criminal or citizen wants the recording of LEO or mass killing, can he get it? If so, what must be redacted?
CONFIDENTIAL & EXEMPT. Always.
When is LEO responsible for his damage?
CHALLENGE ----------- when he's driving a BMW ----------- Acted in: 1) Bad faith or 2) Malicious purpose or 3) Wanton and Willful disregard of human rts, safety, or prop.
If LEO properly conducted a high speed pursuit resulting in damages, for what 3 types of damages is LG absolved?
LG not responsible for:
(a) Injury,
(b) Death, or
(c) Property damage
———–
Pursuit:
1. Not so reckless or wanting in care as to constitute disregard of human life, human rts, safety, or the property of another;
2. When initiated, LEO officer reasonably believed fleer committed a forcible felony; &
3. Per written policy governing high-speed pursuit.
State the 3 things that must be found together to absolve LG of crash damage from LEO high speed pursuit.
Pursuit:
1. Not so reckless or wanting in care as to constitute disregard of human life, human rts, safety, or the property of another;
2. When initiated, LEO officer reasonably believed fleer committed a forcible felony; &
3. Per written policy governing high-speed pursuit.
———–
Ross v. City of Jax
