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Academy > Officer Liability > Flashcards

Officer Liability Flashcards

1
Q

Title 18 241-

A

Conspiracy against rights (Criminal)

  • Allows the federal government to prosecute anyone who (2 or more) conspire to violate a person’s civil rights
  • If two or more person’s conspire to injure, oppress threaten, or intimidate any person in the free exercise or enjoyment of any right or privilege
  • If two or more persons go in disguise on the highway or on property of another with intent to prevent or hinder his free exercise or enjoyment
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2
Q

Elements of crime one (Title 18 241)

A
  • A conspiracy
  • To injure, oppress , threaten or intimidate
  • Any person
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3
Q

Elements of crime two (Title 18 241)

A
  • Two or more persons go in disguise on the highway or property of another
  • To prevent or hinder
  • Any person
  • In the exercise or enjoyment of any constitutional or federal civil right
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4
Q

Title 18 242

A

Deprivation of rights under the “color of law”(Criminal)
* Empowers the federal government to prosecute federal, state, and local law enforcement officers and other public officials under the “color of law” intentionally violate the civil rights of prisoners, suspects, or other persons

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5
Q

Color of law (the elements of This crime)

A
  • To prove violation
    1. An activity under “color of law” in unit, uniform, badge
    2. With specific intent
    3. To deprive an person
    4. Constitutional or federal right
  • Identifies as LEO
  • Performing duties
  • File official documents
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6
Q

Title 42 1983

A

Civil action for Deprivation of rights- civil cause of action against state and local law enforcement officers who, acting under color of law, deprive an individual of any right. It is not a criminal statute but a civil one

  • an act
  • under color of law of a state, territory or DC
  • depriving any person( a citizen or other person within United States jurisdiction
  • of rights, privileges, or immunities secured by the constitution or federal laws
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7
Q

Elements of Title 42 1983

A
  • Permits aggrieved part to sue state and local law enforcement to be civilly sued in federal court for civil rights violations
  • Civil rights are guaranteed to individuals by the constitution and protected by federal law
  • Rights include
  • 1st amendment- freedom of speech
  • 4th amendment- protection against illegal search and seizure
  • 5th amendment- protection against self incrimination
  • 8th amendment- protection against cruel and unusual punishment
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8
Q

Immunity for Constitutional violations

A

Sovereign Immunity, Absolute Immunity, Qualified Immunity

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9
Q

Sovereign Immunity

A
  • “The king can do no wrong”
  • Prevented any and all lawsuits against the crown
  • US as sovereign is immune from suit unless it consents to be sued
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10
Q

Absolute Immunity

A

Avoids personal civil liability for officials, legislators,

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11
Q

Qualified Immunity

A
  • Is immunity from civil suit and entitles a law enforcement officer to avoid standing trial or facing the burdens associated with civil litigation
  • Officer may be entitled to QI if
  • They acted reasonably
  • Their conduct does not violate clearly established statutory or constitutional rights
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12
Q

Bivens

A

Federal law enforcement officers are civilly liable for violations of the 4th amendment

  • When a federal law enforcement officer makes an arrest without probable cause or unlawfully conducts a search
  • An injured party can file a Bivens suit against the officer
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13
Q

Most common Bivens actions

A
  • Arrests and searches without probable cause
  • Knowingly submitting false or misleading Affidavits for search arrest warrants
  • Franks V Delaware Supreme Court held that a law enforcement officer violates the 4th amendment if in order to obtain a search warrant, he perjures himself or testifies in reckless disregard of the truth
  • An affidavit that contains information the officer knew to be false or would have known to be false the court will likely not grant a motion to dismiss for Qualified immunity
  • Failure to intervene when excessive force is used
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14
Q

Civil liability Tort

A
  • Tort is a civil wrong, other than the breach of contract, court will provide a remedy in form of action for damages
  • Remedy involves money
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15
Q

Civil Tort

A

Private wrong against individual

  • Plaintiff V defendant
  • Burden: Preponderance of evidence
  • Liable- money and/ or injunction
  • Purpose: compensation
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16
Q

Criminal

A
  • Public wrong against society
  • Government V Defendant
  • Defendant is prosecuted
  • Burden: proof beyond a reasonable doubt
  • Guilty: imprisonment, fines
  • Purpose: protect, punish, deter
17
Q

Types of Torts

A
  • Common law (or state law) tort
    Negligent Tort
    Intentional Tort
    Strict Liability
18
Q

Negligent torts

A
  • failure to act reasonably
    Most frequent due to operation of government motor vehicles
    1. Duty
  • No affirmative duty to act, failure to intercede will not create civil liability for death, injury, or property damage
  • Exception- defendant’s negligence puts plaintiff in peril, special relationships (witness protection)
    2. Breach of duty
  • Conduct fell below the standard of care for the profession
  • Violate law
  • Agency policy violation
    1. Causation
      1. Damages-plaintiff may recover for the personal injury and/ or property damage caused by breach of duty
  • Generally compensatory
19
Q

Two types of causation

A
  • Causation in fact-for the act of the defendant the damages would not have occurred
  • Legal or proximate cause- no officer liability if the cause is too remote in time or circumstance
20
Q

Intentional Torts

A
  • purposeful
  • Can be against a person, or against property
  • Intentional Torts to persons
  • Intentional torts to property
  • Strict liability
21
Q
  • Intentional Torts to persons
A
  • Battery
  • Assault
  • False imprisonment
  • False arrest
  • Intentional infliction
22
Q
  • Intentional torts to property
A
  • Trespass to land
  • Trespass to chattels
  • Conversion: property, theft
23
Q

Failure to intervene

A

Most common Bivens action
An officer that fails to intervene is liable for his inaction
There must have been a realistic opportunity to intervene to prevent the harm from occurring
“Tacit collaborator”

24
Q
  • Arrests and searches without probable cause
A

Bivens
Federal law enforcement officers are civilly liable for violations of the 4th amendment, when an arrest is made without probable cause or unlawfully conducts a search

25
Q
  • Knowingly submitting false or misleading Affidavits for search arrest warrants
A
  • Franks V Delaware Supreme Court held that a law enforcement officer violates the 4th amendment if in order to obtain a search warrant, he perjures himself or testifies in reckless disregard of the truth
26
Q

4th amendment excessive force claims

A

Was the officer’s actions objectively reasonable in light of the facts and circumstances

27
Q

Duty (element of action of negligent torts)

A
  • No affirmative duty to act, failure to intercede will not create civil liability for death, injury, or property damage
  • Exception- defendant’s negligence puts plaintiff in peril, special relationships (witness protection)
28
Q

Breach of Duty (Negligent Tort)

A
  • Conduct fell below the standard of care for the profession
  • Violate law
  • Agency policy violation
29
Q

Causation (negligent tort)

A
  • in fact-for the act of the defendant the damages would not have occurred
  • Legal or proximate cause- no officer liability if the cause is too remote in time or circumstance
30
Q

Damages (negligent tort)

A

plaintiff may recover for the personal injury and/ or property damage caused by breach of duty
- Generally compensatory

31
Q

The Federal Tort Claims Act (FTCA)

A

makes the US liable under the local law of the place where the tort occurs for the negligent or wrongful acts of omissions of federal employees within the scope of their employment

32
Q

Purpose (Federal tort claims act)

A
  • Compensation- provide an appropriate remedy to those who are wrongly injured by federal employees
  • Protect federal employees from personal liability for torts committed within scope of employment (Absolute Immunity)
  • Federal agency includes executive, judicial, legislative, military, and agencies of the US
33
Q

Negligent Torts- FTCA

A

Covers lawsuits for negligent or wrongful acts or omissions of federal employees acting within the scope of their employment that cause loss of property, personal injury or death
*FTCA does not provide protection against Bivens

34
Q

Intentional Torts- FTCA

A

does not apply to intentional torts committed by federal employees who are not law enforcement but torts such as assault, battery, false imprisonment, false arrest and malicious prosecution are common allegations, so additional protections were added for federal investigative and LEO

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