LEO Essays, SOV IMM COPY

Question 1

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

Answer 1

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.

Question 2

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

Answer 2

4th amendment protects search & seizure.

Question 3

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

Answer 3

Qualified immunity.

Question 4

In the analysis for a 4th amendment LEO Battery + False Arrest:
1 - What is the main question, re: LEO’s conduct?
2- What Standard is used?
3 - What is a key point we should always mention?

Answer 4

LEO - CONST
-----------
	Analysis.
1.	Que.  	LEO = reas.
2.	Std.	Obj reas in-the-moment.
3.	Key:	Arrest permits physical.

Question 5

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

Answer 5

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

Question 6

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

Answer 6

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

Question 7

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

Answer 7

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

Question 8

What does ‘subst dp’ keep you free of?

Answer 8

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.

Question 9

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

Answer 9

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

Question 10

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

Answer 10

Qualified immunity.

Question 11

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

Answer 11

LEO - CONST

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

Question 12

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

Answer 12

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

Question 13

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

Answer 13

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

Question 14

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

Answer 14

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

Question 15

What does 42 USC 1983 protect you from?

Answer 15

Deliberate indifference to constitutional rts.

Question 16

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

Answer 16

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

Question 17

LEO - CONST
-----------
What are the 3 things PL must show for 'failure to train' claim under 42 USC 1983?
-----------
What is 5 step analysis?

Answer 17

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

Question 18

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

Answer 18

LEO - CONST
-----------
PL failed to show: 
(a) Custom or policy or 
(b) Delib indiff.

Question 19

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

Answer 19

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

Question 20

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

Answer 20

LEO - CONST

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

Question 21

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

Answer 21

LEO - CONST

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

Question 22

LEO - CONST
-----------
State 3 elements of State claim of battery by LEO.
-----------
Wd you sue the individual or LG?
-----------
What is the intent required?
-----------
What is my take away about BMW?

Answer 22

~a Reasonable Person wd believe that a Bat is Substantially Certain to Result in Harm to PL's balls.
-----------
(1) Intentional infliction of
(2) Harmful or offensive contact
(3) Upon the person of PL.
-----------
Indiv:  If BMW
LG:  If
1.   w/i scope of employmt &
2.   Not BMW disregard of rts.
-----------
intent = reas person wd know.
-----------
BMW is not the same as intent.

Question 23

What are the 4 elements of assault by LEO?

Answer 23

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

Question 24

What are the 3 elements of false arrest by LEO?

Answer 24

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

Question 25

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

Answer 25

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

Question 26

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

Answer 26

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

Question 27

What are the 4 elements of Malicious Prosecution by LEO?

Answer 27

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

Question 28

LEO - CONST
-----------
What is the requisite malice required for Malicious Prosecution by LEO?
-----------
Where is the opposite found?

Answer 28

LEO - CONST
-----------
Legal Malice Only:	w/o just cz.   
FL leniency.
-----------
Defamation reqs actual or express.

Question 29

What are the 5 elements of Defamation by LEO?

Answer 29

LEO - CONST

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

Question 30

Who would you sue for defamation - LG or indiv?

Answer 30

Indiv. Requires malice. Actual or express yet.

Question 31

What are the 3 defenses to Defamation by LG?

Answer 31

LEO - CONST

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

Question 32

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

Answer 32

LEO - CONST

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

Question 33

What damages are recoverable for Defamation by LEO?

Answer 33

$, Bodily, Mental, Reputation.

Question 34

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

Answer 34

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

Question 35

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

Answer 35

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

Question 36

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

Answer 36

LEO - CONST

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

Question 37

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

Answer 37

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

Question 38

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

Answer 38

Duty to all.

Question 39

State 2 defenses to ‘failure to train/supervise’ claim under:

A) STATE - negligence.

B) FED - const rts.

Answer 39

LEO - CONST
-----------
STATE:
1.  No Duty to all.  PL must allege undertook spec duty.
2.  Sov. Imm. = *PL must allege *Operational
/Implementation*
-----------
FED:
1.  No custom or policy.
2.  No const or actual knowledge.

Question 40

What are the 6 elements of negligent hiring by LEO?

Answer 40

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.

Question 41

What are the 6 elements of negligent retention by LEO?

Answer 41

LEO Retains his 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.

Question 42

What are 3 defenses to negligent retention by LEO?

Answer 42

LEO - CONST

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

Question 43

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

Answer 43

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

Question 44

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

Answer 44

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

Question 45

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

Answer 45

CONFIDENTIAL & EXEMPT. Always.

Question 46

When is LEO responsible for his damage?

Answer 46

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.

Question 47

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

Answer 47

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.

Question 48

State the 3 things that must be found together to absolve LG of crash damage from LEO high speed pursuit.

Answer 48

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