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0 A-RAMA2 > 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 
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

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

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

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

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

(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 dp ~iied, fail to train, 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

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

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

[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

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

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

A

  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

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

[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

[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

[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

[I won on the Merits, now I’m MAD.]
———–
1. Merits.
2. Malicious.
3. Absence prob cz.
4. Dmgs.

28
Q

What is the requisite malice required for Malicious Prosecution by LEO?
———–
Where is the opposite found?

A

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

  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

(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

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 STATE (not Fed) elements of a ‘failure to train/supervise’ claim by LEO?
—
If it were Federal, what is 5 step analysis?

A
  1. Duty reas care.
  2. Breach.
  3. Breach = prox cz.
  4. ## Dmgs.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.
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

  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

  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

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

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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