Mix Flashcards
State the 5 step analysis of a ‘failure to train’ claim under 42 USC 1983, i.e., what must PL show?
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.
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2) DP under 14th - deprive L,L,P w/o dp
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3) 1983 - Person depriving another of constitutional rights under color of law.
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4) LG
(a) “person” under 1983
(b) not be liab on respondeat superior.
(c) liab only when policy or custom inflicts injury.
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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.
What are LG’s defenses to 14th Amendment, subst dp?
LEO - CONST
(1) More definite avail.
(2) Public purp, not egregious, arbitrary.
(3) Failure to assert 42 USC 1983
What’s 3 UNIQUE things about 1983?
42 USC 1983
- Only Officials acting under color of law.
- Official’s act (its custom/policy) = cz.
- No respondent superior (can’t sue b/c LG employed a discriminator.)
~confirmed.
- No Resp Sup. Why? b/c sue only for custom or policy (focus on the entity).
- Only sue individs in their official capacity.
State the 4 part LEO 14th amend analysis.
B. Stop w/ Qualified. Discretionary, clearly estab rt (14th A)
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C. Defenses.
(1) More definite avail.
(2) Public purp, not egregious, arbitrary.
(3) Failure to assert 42 USC 1983
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D. Pairs Well w/ State Tort – Intended to Inflict ROC to person.
Re: NEGLIGENCE FOR FAILURE TO TRAIN/SUPERVISE. ----------- State: (a) 4 elements. (b) 2 defenses.
ELEMENTS: A. Duty reas care. B. Breach. C. Breach = prox cz. D. Dmgs. ----------- DEFENSES: A. No Duty to all. PL must allege undertook spec duty. B. Sov. Imm. = *PL must allege Operational /Implementation*
CONSTITUTIONAL ----------- 14th Amendment ----------- State the 5 elements of an Equal Protection claim.
Elements:
1. Deprivation of a constitutionally protected right.
2. Deprivation occurred under color of State law.
3. Injury in fact sustained due to the deprivation.
4. The Def is not immune from suit.
5. More than nominal damages have been sustained.
Lay out the 3 step analysis for a 4th amendment LEO Battery + False Arrest.
Analysis.
- Issue LEO = reas.
- Std. Obj reas in-the-moment.
- Key: Arrest permits physical.
Re: NEGLIGENCE FOR FAILURE TO TRAIN/SUPERVISE. ----------- State: (a) 4 elements. (b) 2 defenses.
ELEMENTS: A. Duty reas care. B. Breach. C. Breach = prox cz. D. Dmgs. ----------- DEFENSES: A. No Duty to all. PL must allege undertook spec duty. B. Sov. Imm. = *PL must allege Operational /Implementation*
CONSTITUTIONAL ----------- 14th Amendment ----------- State the 5 elements of an Equal Protection claim.
Elements:
1. Deprivation of a constitutionally protected right.
2. Deprivation occurred under color of State law.
3. Injury in fact sustained due to the deprivation.
4. The Def is not immune from suit.
5. More than nominal damages have been sustained.
Must each of the 4 elements be present to establish assault?
Assault - IT Fears yr Ability
Ass calls CIA / / / an Ass calls you FATI
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Yes. Ex. If PL not in fear, no assault.
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(1) Intentional
(2) Threat of bodily injury to another
(3) Creating fear of imminent peril
(4) Apparent present ability for Def to carry out threat.
Sheriff in pursuit crashes a 3rd party. What 3 things wd you argue to win SJ?
1) Act not so reckless to constitute disregard for HWS
2) Acting in accord w/ written policy.
3) Officer had reason to believe fleeing vehicle committed a forcible felony.
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Ross v. City of Jax, 274 So. 3d 1180 (Fla. 1st DCA 2019).
State the 3 part analysis of Defamation by LEO.
Elements: A. Actual or Express Malice. B. Publish. C. False. D. W/o reas care. E. Dmgs ----------- Defenses: (1) Truth (2) Absolute Priv - in scope. (3) Qualif. Priv (a) GF; (b) Duty to speak, Duty to listen. (c) Proper occasion, proper publish. ----------- Dmgs: $, Bodily, Mental, Reputation.
