Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

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

LEO Essays, SOV IMM COPY COPY Flashcards

1
Q

LEO Battery + False Arrest:
A. Protection
1) What Amendment?
2) What type of facts?
———–
B. Stop with what?
1) State 2 elements.

A

A. Protection.
1) 4th amend = s&s + 42 USC 1983
2) Shooting, crash.
———–
B. Stop w/ Qualified.
1) Discretionary,
2) Clearly estab rt (reas PO wd know)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

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

A

Qualified immunity.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Lay out the 3 step analysis for a 4th amendment LEO excessive force.

A 
Analysis. 1.	Presume LEO good faith. 2.	Std.	Obj reas in-the-moment. 3.	Key:	Arrest permits physical.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

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

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

1) What kind of behavior does ‘subst dp’ keep you free of?
———–
2) How stop?
———–
3) What does it pair well with?

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

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

A

Qualified immunity.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What does 42 USC 1983 protect you from?

A

Deliberate indifference to constitutional rts.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

State the 3 step analysis of a ‘failure to train’ claim under 42 USC 1983, i.e., what must PL show?

A

when Failing a Train,
(1) PI (2)CK
yet a DI
(3) C
—————
1) Custom or policy of inadeq training
2) Actual or constr knowledge yet deliberate indiff.
3) Delib indiff = cz of injury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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 thing 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

What are the 3 defenses to Defamation by LG?

A

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

32
Q

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

A

(1) GF.
(2) Duty to speak, Duty to listen.
(3) Proper occasion, proper publish.
———–
Remember, defenses are
(1) Truth,
(2) Absolute,
(3) Qualified

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

Re: ‘failure to train/supervise’ claim by LEO, state:

A) 5 elements Constitutional claim.
B) 4 elements State claim.

A

  1. Custom or policy.
  2. Color of Law.
  3. Deprived.
  4. Not immune.
  5. ## More than nominal.B - State
    ———–
  6. Duty reas care.
  7. Breach.
  8. Breach = prox cz.
  9. 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

  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

  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.Contrast w/ Don’t Hire Inapp Unsuitable WIFI
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

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

A

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.
———–
768.28(9) Ross v. City of Jax

0 A-RAMA2 (218 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions