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Operation Get$ > Police Civil Liability > Flashcards

Police Civil Liability Flashcards

1
Q

What is a summary judgment

A

Motion filed by the defendant to state the complaint does not merit jury consideration

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2
Q

Judgment of law

A

Judges motion stating the jury’s verdict is overwhelmingly unsupported by evidence

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3
Q

Two types of litigation for police misconduct

A
  1. State tort law (Civil wrong where actor causes injury to person or property in violation of legal duty)
  2. federal civil rights lawsuit
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4
Q

3 Types of state torts

A
  1. Strict Liability Tort (extremely dangerous behavior)
  2. Intentional Tort (Purposeful behaviors likely to result of the damage)
  3. Negligence Tort (inadvertent and Unreasonable behaviors)
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5
Q

8 common Intentional Torts

A
  1. Wrongful Death
  2. Assault
  3. Battery
  4. False Arrest
  5. False Imprisonment
  6. Invasion of Privacy
  7. False Light
  8. Infliction of Emotional Distress
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6
Q

False Arrest claims must establish what 3 factors?

A
  1. Police detention was against their will
  2. Detention was made without authority of law
  3. The person being detained was aware of the confinement
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7
Q

False Imprisonment lawsuits have been supported by courts when police officers do one of these 4 things

A
  1. Fail to follow proper booking procedures
  2. Prevent defendants from being properly arraigned
  3. Restrict a defendant’s access to court
  4. Improperly file criminal charges against a suspect
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8
Q

An officer invades privacy when they (3)

A
  1. intrusion on private matter
  2. Appropriate a person’s name or likeness
  3. unreasonable publicity to a person’s private life or put person in a false light
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9
Q

3 parts of simple invasion of privacy

A
  1. An intrusion
  2. that is highly offensive
  3. person has an expectation of privacy
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10
Q

2 things a False Light claim required to show

A
  1. false light would be highly offensive to a reasonable person
  2. Officer had knowledge or acted in reckless disregard to the falsity of the publicized matter
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11
Q

4 things needed to show infliction of emotional distress

A
  1. Officer engaged in extreme and outrageous conduct
  2. Conduct intended to cause harm, or was a reckless disregard for causing emotional distress
  3. emotional distress was proximate result of conduct
  4. emotional distress was severe
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12
Q

For intentional infliction of emotional distress, police conduct must be 2 things

A
  1. Outrageous
  2. Emotionally disabling
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13
Q

Four elements to a negligence tort claim

A
  1. Legal duty
  2. breach of duty
  3. Proximate cause (officers action causes damage)
  4. actual damage or injury (not potential)
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14
Q

Public Duty Doctrine

A

Police have no duty to protect individuals from harm absent special relationship

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15
Q

4 Common Defenses to Police Negligence

A
  1. Contributory Negligence (plaintiff’s conduct contributed to damages)
  2. Comparative Negligence (plaintiff shares liability)
  3. Assumption of Risk (plaintiff’s behavior assumes risk)
  4. Sudden Peril (split second emergency reaction)
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16
Q

Special relations/special duties arise in what 2 forms?

A
  1. Statutory construction (lawful duties)
  2. Assumption of responsibility (defined by circumstances)
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17
Q

4 elements of a Civil Rights Act of 1871 (42 USC Section 1983) claim

A
  1. Both plaintiff and defendant are “persons”
  2. officer acted under color of state law
  3. violation of a federally protected right, and
  4. violation reached a constitutional level
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18
Q

3 tests for determining whether conduct constitutes state or private action

A
  1. Public function test
  2. State compulsion test
  3. Symbiotic relationship or nexus test
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19
Q

2 prongs of state compulsion test

A
  1. Exercise of compulsion prong (did government compel action/result)
  2. Joint action prong (did state actor work with private actor to violate a right)
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20
Q

1st Amendment

A

Freedom of religion, freedom of speech, freedom of the press, right to peaceably assemble

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21
Q

4th Amendment

A

Right to be secure against unreasonable search and seizure

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22
Q

5th Amendment

A

Right to indictment by grand jury, double jeopardy, can’t be compelled to be a witness against self, due process of law for life, liberty and property, property can’t be taken without just compensation

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23
Q

6th Amendment

A

Right to speedy and public trial

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24
Q

8th Amendment

A

No excessive bail, nor cruel and unusual punishment

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25
Q

14th Amendment

A

all persons born in U.S. are citizens and guaranteed protection of law

26
Q

Four defenses to section 1983 lawsuits

A
  1. Absolute immunity (immune from perjury during testimony)
  2. qualified immunity (applies to discretionary)
  3. probable cause (reasonable legal backing of actions)
  4. good faith (did not reasonably know act was unconstitutional)
27
Q

3 lines of inquiry to suggest a nexus between a police officer’s conduct and state authority

A
  1. Officer’s duty status
  2. A display of state authority
  3. Officer’s motivation
28
Q

True or False any level force used to carry out illegal act is considered excessive force

A

True

29
Q

Battery versus excessive force claims

A

Battery - intent on bodily harm
EF - based on reasonableness of conduct, not intentions

30
Q

Standard applied to negligence tort

A

Officer’s act or failure to act created unreasonable risk to citizen

31
Q

These 3 cases provide guidance surrounding police liability for the use of excessive force.

A
  1. Tenn v Garner (fleeing felon, deadly force standard)
  2. Graham v Connor (diabetic plaintiff, UoF objectively reason standard)
  3. Brower v Inyo County (pursuit ends with police truck roadblock, indirect excessive force)
32
Q

Court case that states “For an act to constitute excessive force, it need not result in death or even serious physical injury.”

A

Flores v City of Palacios (2004). Officers shoot at vehicle to prevent it from fleeing.

33
Q

Tenn v Garner established this test that weighs the nature of the intrusion on individuals 4th amendment interests against the governmental interests alleged to justify the intrusion.

A

Balancing test

34
Q

What amendment shall all claims of excessive force be applied to

A

4th amendment

35
Q

When is an officer who fails to intervene constitutionally liable?

A
  1. Recognizes excessive force
  2. recognizes an unjust arrest
  3. recognizes constitutional violation
  4. realistic opportunity to intervene or prevent violation
36
Q

In Orozco v County of Yolo (drug raid of family home, mentally ill dad shoots police, child transported for interview ), the court viewed the detention of subjects in what 3 stages?

A
  1. The detention at the house
  2. The transportation to the sheriff’s department
  3. The interrogation and continued detention following questioning
37
Q

In Muehler v Mena (swat raid, plaintiff detained in cuff for extended time), the court posited what 3 legitimate law enforcement interests to justify detaining an occupant?

A
  1. Preventing flight
  2. Minimizing the risk of harm
  3. Facilitating orderly search
38
Q

True or false police officers who negligently conduct raids and injure their co workers can be held liable for their actions

A

True

39
Q

Chatman v Slagle (illegal search of wallet of passenger) is important for LEOs because it illustrates 2 things.

A
  1. minor violations can still lead to liability
  2. Doctrines of criminal procedure like the exclusionary rule or the inevitable discovery do not apply to liability
40
Q

Illinois case where trooper stops car for speeding and another canine trooper runs a dog without reasonable suspicion. US Supreme Court ruled did not violate constitution.

A

Illinois v Caballes 2005

41
Q

Under this doctrine, the state can be held liable for a third parties victimization where the state has custody over the plaintiff

A

Special relationship doctrine

42
Q

This doctrine holds state officials liable for private violence when “a state officers conduct places a person in peril in deliberate indifference to their safety”

A

State created danger doctrine (Kennedy Vs. Ridgefield, child molester shoots victim’s family in their home after police promised protection)

43
Q

3 cases show lower courts frequently look at the physical harm caused by police abandonment in determining liability.

A

White vs. Rockford (children abandoned on highway)
Walton vs. City of Southfield (grandma Arrested, kids walk to random building)
Moore vs. marketplace restaurant (teen abandoned in camper after parent arrest)

44
Q

Liability standard tied to Wood vs Ostrander (abandoned female in high crime area with no ride, she gets sexually assaulted)

A

“Reckless disregard” or “deliberate indifference” to the safety of abandoned citizens

45
Q

This case shows that a hotspot may be defined very narrowly and consist of an area within a building that possesses heightened danger to a potential crime victim.

A

White v. Humbert (husband stabs wife after police drove around house but didn’t investigate)

46
Q

Behaviors that are considered line or operational functions, similar to the routine operation of motor vehicles.

A

Ministerial functions

47
Q

These functions entail policy development or planning tasks, similar to the use of motor vehicles in emergency situations.

A

Discretionary functions

48
Q

Four zones of negligence regarding pursuits

A
  1. Justifications for pursuit
  2. Actual vehicle operation
  3. Circumstances of operation
  4. External factors
49
Q

State courts have adopted three approaches to proximate cause in the litigation of third-party police pursuit cases

A
  1. Proximate cause as a doctrinal barrier to police liability (LEOs can’t be the proximate cause of injury )
  2. Proximate cause as a function
    of police conduct
  3. Foreseeability analysis
50
Q

Regarding pursuits, for an officer to be held liable the actions must have been the “proximate cause” which means…

A

“The most immediate, efficient, and direct cause,” not merely a “proximate cause.”

51
Q

Foreseeability

A

anticipate the dangers that negligent act creates for others

52
Q

True or false, police may be liable if they leave an accident scene with dangerous conditions without proper warning to others

A

True

53
Q

Factors that may create a special relationship in regards to liability for traffic related situation

A
  1. rescue measures taken
  2. Failure to take simple actions to reduce harm to incapacitated individual
  3. Officer impedes medical aid or another’s attempt to assist (presence creates expectations to civilians that officer will assist)
54
Q

Elements of a special relationship

A
  1. Awareness of risk
  2. Allegations specify acts or omissions by officers
  3. Acts are willful in nature
  4. Injury occurs while plaintiff is in custody
55
Q

Breach of duty

A

Act or omission by an officer that violates a recognized special duty

56
Q

A successful claim of false imprisonment generally requires 3 things

A
  1. Confinement or restraint on freedom of movement
  2. Brought by an unlawful act
  3. Knowledge of harm
57
Q

A special relationship can be created by 4 things

A
  1. statute requiring protection from harm
  2. assurance by municipality that it would act on behalf of injured party
  3. Knowledge that inaction could lead to harm
  4. Custodial requirements (agency has custody of the plaintiff or a third party who injured plaintiff)
58
Q

5 US Supreme Court rulings on whether an entity is a person under Section 1983

A
  1. municipality or local government may be sued for relief
  2. A state may not be sued as a “person”
  3. State officials sued in their official capacities are not “persons” when they are sued for retrospective relief
  4. State officials sued in their official capacity’s are “persons” when sued for prospective relief
  5. State officials sued in their personal (individual) capacities for retrospective relief are “persons” subject to suit
59
Q

4 factors courts consider as evidence of good faith

A

Officers acted based on…

  1. departmental policy
  2. law
  3. orders of a supervisor
  4. advice of legal counsel
60
Q

Indirect uses of force require plaintiffs to establish 2 important factors. (Browser vs Inyo Count)

A
  1. Excessive force used during an official seizure
  2. seizure was not objectively reasonable.
61
Q

3 considerations lower courts should use when making determinations of liability for third-party criminal victimizations.

A

Officers…

  1. Took affirmative acts that created or enhanced the danger
  2. were deliberately indifferent to their knowledge of danger, and
  3. Had custody of plaintiffs

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