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16rcrc11-CivLib
Civil Liability section created by Brian Rister
50
Other
Not Applicable
08/03/2011

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Cards

Term
True/False: Officers have immunity from criminal charges while on duty under the "Good Faith" exception.
Definition
False
Term
True/False: Officers have immunity from civil liability while on duty under the "Good Faith" exception.
Definition
False
Term
In addition to possible civil and criminal consequences in the courtroom, and officer may also face what if departmental policy is violated?
Definition
Disciplinary action
Term
Define Civil Liability.
Definition
The responsibility which an officer must bear for damages or injuries with the officer has caused another person to suffer
Term
What is a Tort?
Definition
A civil wrong, other than a breach of contract, for which the court will provide a remedy in the form of an action for damages
Term
Who is the plaintiff?
Definition
The person who files or initiates the lawsuit
Term
What does it mean if an officer is said to be negligent?
Definition
The officer failed to do what a reasonable officer would be expected to do under the circumstances
Term
What 3 things are needed to prove negligence?
Definition
  • Did the officer owe a duty to the plaintiff
  • Did the officer breach that duty
  • Did the negligence cause injury or damage
Term
Who determines the "existence of a duty" to prove negligence?
Definition
The judge
Term
In a jury trial, who determines whether the officer breached his/her duty to the plaintiff?
Definition
The jury
Term
True/False: If the plaintiff succeeds in a negligence lawsuit, the recovery is limited to actual (compensatory) damages.
Definition
True
Term
True/False: With Intentional Torts/Willful Misconduct, the plaintiff is saying that the officer intentionally caused the plaintiff's injury.
Definition
True
Term
What is the distinction between intentional torts and negligence?
Definition
The degree of knowledge that harm will result
Term
Give a couple of examples of intentional torts that might involve police activity.
Definition
  • Assault and Battery
  • False arrest and Imprisonment
  • Malicious Prosecution
Term
In order to prove False Imprisonment, what is required?
Definition
Proof that the plaintiff was restrained by the defendant, and that the restraint was intentional and unlawful
Term
In the context of Malicious prosecution, what does Malice mean?
Definition
The intentional doing of a wrongful act without just cause or excuse
Term
Why are "Punitive Damages" awarded in cases involving intentional tort or willful misconduct?
Definition
To discourage such conduct by the officer, or other officers, in the future
Term
The S.C. Tort Claims Act was passed by the legislature in what year?
Definition
1986
Term
True/False: The S.C. Tort Claims Act, passed in 1986, allows the State to assume responsibility for the work-related negligent actions of State employees.
Definition
True
Term
For lawsuits under 42 U.S.C. 1983, more commonly referred to as Section 1983 lawsuits, the plaintiff is required to show what 2 things?
Definition
  • That some person has deprived him/her of a federally protected right
  • That the person who deprived him/her of that right acted under color of state or territorial law
Term
True/False: Section 1983 lawsuits can only be brought against someone acting under authority of law.
Definition
True
Term
True/False: Negligence lawsuits, and lawsuits based on intentional torts or willful misconduct can be brought against anyone, including private citizens.
Definition
True
Term
Briefly explain the concept of Municipal Liability.
Definition
Also called "Deep Pockets" theory of liability, the concept allows a plaintiff to go where the greatest assets to satisfy a judgement are located - local governement treasury
Term
Municipal liability is sometimes called what?
Definition
"Deep Pockets" theory of liability
Term
In a direct liability lawsuit, who is being sued and who is the defendant?
Definition
The officer who caused the injury or harm directly
Term
A border principle of liability which allows the court to impose legal responsibilty on a superior officer or an agency not directly at fault for the plaintiff's injury is known as what?
Definition
Indirect Liability
Term
True/False: Vicarious liability is sometimes considered to be a form of direct liability.
Definition
False
Term
Unlike indirect liability, with vicarious liability, in order to collect damages for this type of defendant, the plaintiff must show what?
Definition
An affirmative link between the supervisor's conduct and the officer's actions
Term
Provide a couple of examples of some frequently alleged theories of vicarious liability.
Definition
  • Failure to train
  • Failure to Supervise
  • Failure to Discipline
Term
Absolute Immunity protects who?
Definition
Certain individuals from liability in performing their official duties
Term
True/False: Judges and legislators do have absolute immunity.
Definition
True
Term
Sovereign Immunity protects who?
Definition
The State
Term
Qualified Immunity protects who?
Definition
Law enforcement officers, to the extent that the courts will not require officers to guess at future developments in the law and suffer monetary loss if they guess incorrectly
Term
True/False: Qualified immunity is a defense that can be asserted by an individual officer before the lawsuit has been filed.
Definition
False
Term
Qualified Immunity is sometimes called what?q
Definition
Limited Immunity
Term
Name the 4 reasons for which an officer may use force.
Definition
  • Effect an arrest
  • Prevent an escape
  • Self-Defense
  • Protection of other officers and the general public
Term
In the 1989 case, Graham v. Connor, the U.S. Supreme Court stated that all claims that law enforcement officers used excessive force - deadly or not - are properly analyzed under what?
Definition
The Fourth Amendment "objective reasonableness" standard
Term
Officers are allowed to use force for what 2 general purposes?
Definition
Defense and Control
Term
Relating to purposes of force: Defense involves what? and Control involves what?
Definition
  • Defense involves person versus person
  • Control involves State versus person
Term
What 3 factors are considered in evaluating the officer's use of force?
Definition
  • Severity of the crime committed
  • Whether the suspect posed an immediate threat to the safety of the officer or others
  • Whether the suspect actively resisted arrest or attempted to evade arrest by flight
Term
Positional asphyxia relates to a situation when what?
Definition
The position of the body interferes with respiration resulting in asphyxia
Term
True/False: Positional asphyxia can be deadly and officers need to be able recognize and understand it.
Definition
True
Term
In Tennesse v. Garner, what was the significant ruling of the U.S. Supreme Court?
Definition
The common law fleeing felon rule was no longer constitutional and must be changed
Term
True/False: The "fleeing felon" rule, after the Garner case, allows officers to use deadly force to apprehend fleeing suspects with out probabl cause.
Definition
False
Term
After the Garner case, if an officer has probable cause to believe that a suspect poses a significant threat of death or serious physical injury to the officer or others, may the officer use deadly force?
Definition
In that event, yes, if necessary
Term
What are the 3 factors to be considered when an officer uses deadly force in a self-defense situation?
Definition
  • Ability
  • Opportunity
  • Jeopardy
Term
What amendment would be used to determine whether or not a roadblock is constitutional?
Definition
Fourth Amendment
Term
What did the case, City of Cranton, Ohio v. Harris, say about municipal liability for failure to train?
Definition
The municipality can be held liable based on a policy of inadequate training whre the municipality knew or should have known that training was inadequate and it was in an area where the lack of such training would show a deliberate indifference of the municipality to the rights of people who come into contact with officers employed by the municipality
Term
Law enforcement agencies authorized to use emergency vehicles shall use the regulations developed by who, in order to provide written guidelines and trainin programs for its officers?
Definition
S.C. Criminal Justice Academy
Term
True/False: The provisions set forth under S.C. Code 56-5-760 relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all others.
Definition
False
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