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ZZZ0 A-RAMA 0 > LEO Essays, SOV IMM > Flashcards

LEO Essays, SOV IMM Flashcards

1
Q

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

A

Qualified immunity.

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2
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.

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3
Q

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

A

14th amendment protects 4th amendment rt tto be free of search & seizure.
Sue via 42 USC 1983.

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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.
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5
Q

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

A 
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
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6
Q

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

A

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

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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.
-----------
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
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8
Q

What does ‘subst dp’ keep you free of?

A

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.

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9
Q

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

A 
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
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10
Q

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

A

Qualified immunity.

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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

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12
Q

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

A

LIST:
4th = search + seizure ~crash, battery, false arrest
—
14th = life, lib w/ subst due process +
1983 = indiff to const rts ~train/hire ~iied, no crash

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13
Q

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

A

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

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14
Q

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

A

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

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15
Q

What does 42 USC 1983 protect you from?

A

Deliberate indifference to constitutional rts.

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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.

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17
Q

State the 5 step analysis of a ‘failure to train’ claim under 42 USC 1983, i.e., what must PL show?

A

1) PL is entitled to some const rt (ex med care). Wants to hold LG liab under 1983 for violation of rights under Due Process Clz of 14th Amend.
- ———-
2) DP under 14th - deprive L,L,P w/o dp
- ———-
3) 1983 - Person depriving another of constitutional rights under color of law.
- ———–
4) LG
(a) “person” under 1983
(b) not be liab on respondeat superior.
(c) liab only when policy or custom inflicts injury.
- ———-
5) Policy
(a) express, widespread practice, final policy making authority, i.e., deliberate choice of LG,
(b) constructive knowledge, thus showing indifference
(c) cz of injury.

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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.
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19
Q

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

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

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

A

LEO - STATE

  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 - STATE

  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 - STATE
-----------
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 - STATE
-----------
[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 - STATE
-----------
[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 - STATE
-----------
[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 - STATE
-----------
[I won on the Merits, now I’m MAD.]
-----------
1.   Merits.
2.   Malicious.
3.   Absence prob cz.
4.   Dmgs.
28
Q 
LEO - STATE
-----------
What is the requisite malice required for Malicious Prosecution by LEO?
-----------
Where is the opposite found?
A 
LEO - STATE
-----------
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 - STATE

  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

A) What are the 3 defenses to Defamation by LG?

B) State the 5 elements of 1 of them.

A

(1) Truth
(2) Absolute Priv - in scope.
(3) Qualif. Priv
———–
Elements of Qualif:
Defamer, listener & medium all qualified.
(1) GF;
(2) Duty to speak;
(3) Duty to listen/read;
(4) Proper occasion; and
(5) Proper manner of publication.

32
Q

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

A

LEO - STATE

(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 - STATE
-----------
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 - STATE

  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 - STATE

  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

u Retain the Duty to Construct Correct WIFI
———–
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 - STATE

  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.

46
Q

When is LEO responsible for his damage?

A 
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.
47
Q

If LEO properly conducted a high speed pursuit resulting in damages, for what 3 types of damages is LG absolved?

A

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.

48
Q

What is LEO’s ER escape from liab for fleer in pursuit?

A

Employer of LEO not resp for personal inj, prop dmg or death czed by fleer if:

1) Pursuit not so reckless as to be disregard of H, S, & W;
2) @ initiation, Officer reas believe fleer committed forcible felony.
3) Pursuit pursuant to policy.
- ———-
768. 28(9) Ross v. Jax

49
Q

State the 3 State claims & 1 Federal claim vs. LG as LEO’s employer.

A

  1. Neg Failure to train/super. Spec duty.
  2. Neg Hiring. Inapprop invest + indep
  3. ## Neg Retent. Failure to act + indep
  4. ## 42 USC 1983 - policy/custom depriving rts under 14th Amend, LLPmore? add to Finance 34, leo essays 49 & More 13

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