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0 A-RAMA2 > LEO Essays, SOV IMM COPY > Flashcards

LEO Essays, SOV IMM COPY 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.

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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.

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3
Q

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

A

Qualified immunity.

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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 ~iied, no crash
—
1983 = indiff to const rts ~train/hire

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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

LEO - CONST
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

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

LEO - CONST
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
LEO - CONST ----------- 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 ```
26
LEO - CONST ----------- What Federal claim pairs well w/ a State claim of Intentional Infliction of E.D. by LEO? Why?
LEO - CONST ----------- 14th Amendment subst dp. [w/ 42 USC 1983] Both look for atrocious, egregious, shock the conscience.
27
LEO - CONST ----------- 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. ```
28
``` 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. ```
29
LEO - CONST ----------- What are the 5 elements of Defamation by LEO?
LEO - CONST - ---------- 1. Actual or Express Malice. 2. Publish. 3. False. 4. W/o reas care. 5. Dmgs
30
LEO - CONST ----------- Who would you sue for defamation - LG or indiv?
LEO - CONST ----------- Indiv. Requires malice. Actual or express yet.
31
LEO - CONST ----------- What are the 3 defenses to Defamation by LG?
LEO - CONST - ---------- (1) Truth (2) Absolute Priv - in scope. (3) Qualif. Priv
32
LEO - CONST ----------- 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.
33
LEO - CONST ----------- What damages are recoverable for Defamation by LEO?
LEO - CONST ----------- $, Bodily, Mental, Reputation.
34
LEO - CONST ----------- 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.) ```
35
LEO - CONST ----------- What's the difference b/w actual or express malice required in a Defamation by LEO?
LEO - CONST ----------- Express malice needed for a defamation claim is the higher standard used for celebrity claimants.
36
LEO - CONST ----------- What are the 4 elements of a 'failure to train/supervise' claim by LEO?
LEO - CONST - ---------- 1. Duty reas care. 2. Breach. 3. Breach = prox cz. 4. Dmgs.
37
LEO - CONST ----------- What are the 2 distinct duties to consider in any negligence claim vs. LEO?
LEO - CONST ----------- Duty to all = duty to none. Special duty = undertaken for an indiv.
38
LEO - CONST ----------- Which duty, if owed, relieves LG of negligence claim?
LEO - CONST ----------- Duty to all.
39
LEO - CONST ----------- What are the 2 defenses to a negligent 'failure to train/supervise'?
LEO - CONST ----------- 1. No Duty to all. PL must allege undertook spec duty. 2. Sov. Imm. = *PL must allege *Operational /Implementation*
40
LEO - CONST ----------- What are the 6 elements of negligent hiring by LEO?
``` LEO - CONST ----------- Don't Hire Inapp Unsuitable WIFI ----------- 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. ---------- Contrast w/ on Retainer, Don't Always Correct WIFI. ```
41
LEO - CONST ----------- What are the 6 elements of negligent retention by LEO?
LEO - CONST ----------- 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
LEO - CONST ----------- What are 3 defenses to negligent retention by LEO?
LEO - CONST - ---------- 1. No notice. 2. Reas steps taken. 3. Not foreseeable.
43
LEO - CONST ----------- If criminal or citizen wants the 911 call log/info, can he get it? If so, what must be redacted?
LEO - CONST ----------- CONFIDENTIAL & EXEMPT while in custody of Agency revealing i.d. of caller.
44
LEO - CONST ----------- 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. ```
45
LEO - CONST ----------- If criminal or citizen wants the recording of LEO or mass killing, can he get it? If so, what must be redacted?
LEO - CONST ----------- CONFIDENTIAL & EXEMPT. Always.
46
CHALLENGE ----------- 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. ```
47
CHALLENGE ----------- If LEO properly conducted a high speed pursuit resulting in damages, for what 3 types of damages is LG absolved?
CHALLENGE ----------- 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
CHALLENGE ----------- 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

0 A-RAMA2 (218 decks)

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