1. False Arrest

2. First Aid

3. Excessive Force

4. Vehicle Collisions

5. Illegal Search and Seizure

6. Failure to Protect

7. Workplace Harassment

Criminal Law: Government complains of individual's conduct

Civil Law: Individual complains of another's conduct

Criminal Law: Fine or imprisonment is imposed if found guilty

Civil Law: Individual asks court for remedy (usually money)

Criminal Law: Guilt established beyond a reasonable doubt

Civil Law: Responsibility is established by a preponderance of the evidence

Criminal Law: Burden of proof is on the government

Civil Law: Burden of proof is on the plaintiff

Criminal Law: Jury must be unanimous

Civil Law: Jury need not be unanimous

• A civil wrong, other thana breach of contract, for which the court will provide a remedy in the form of an action for damages
• Intentional torts (i.e. assault, defamation, false arrest)
• Negligent Torts (i.e. automobile accidents)
• Strict Liability (i.e. handling of explosives)
• Constitutional Torts (i.e. civil rights violation)

Types of Liability

Direct Liability: The actor himself/herself is liable for the act that occurred and the damages associated with the act.

Vicarious Liability: Indierct civil liability for the actions of another.

• Respondeat Superior: employer is responsible for wrongs committed by employee within scope of employment

Agency Policy/Custon

• Agency's actions "caused" employee to act in a particular manner
• Must prove in cases arising under 42 U.S.C. 1983, is only way plaintiffs can reach "deep pockets"

Negligent Employment: knew/should have known employee should never have been hired

Negligent Retention: Knew/should have known employee should not have been retained

Negligent Assignment/Entrustment: Knew/should have known employee should not have been assigned to particular assignment or entrusted with a particular piece of equipment

Negligent Supervision: Knew/should have known employee needed better supervision

Negligent Failure to Train: Knew/should have known there was a need to train and failure to do so

Negligent Training: Knew/should have known the training was somehow insufficient

Examples of

Intentional Torts:

Direct Liability

Battery- offensive or unwarranted touching of a person

Assault- placing a person in "imminent apprehension" of a battery

• All false arrest claims will also include assault claims
• Usual Defense is that officer is entitled to use reasonable necessary force

Examples of

Intentional Torts:

Direct Liability

False Arrest and False Imprisonment

• Generally, any arrest without probable cause
• Whether person is guilty or not is NOT an issue
• Good faith or reasonable belief defense may be available
• Arrest with a warrant rarely result in false arrest verdicts, unless the warrant was invalid or defective on its face

Malicious Prosecution

• Involves the right to be free from unjustified litigation
• Must prove absence of probable cause
• Actual malice must be shown

Common Defenses:

• Existence of reasonable suspicion or probable cause
• Right to use reasonable necessary force 
• Good faith

Elements of a Negligence Case

• Duty
• Breach of Duty
• Injury
• Breach of duty is proximate cause of injury

Common Defenses

• No duty
• No breach of duty
• No injury
• No proximate cause

• Officers must remember that all duties, imposed or volunteered, MUST be performed with reasonable care
• General police duties which may form the basis of negligence claims include:

- care of incapacitated persons

- reasonable medical care

- duty to protect property in your custody

- care of arrestee

• 42 U.S.C. § 1983- basis for negligence litigation
• Specifically authorizes recovery for violation of many different statutory rights as well as constitutional rights
• State statutes may also be basis of negligence litigation (i.e. emergency driving, A.R.S. § 28-624)

Arizona has abolished sovereign immunity

Limitations found in A.R.S. § 12-820

Duties established by statue which could lead to a lawsuit if breached A.R.S. § 28-624 - Emergency Driving

Criminal

A.R.S. § 13-201 defines "person"; makes NO exception for police officers! 

Justification for officers actions are based in Chapter 4 of Title 13

Federal Statutory Issues

The 14th Amendment

Criminal - Due Process 
(18 U.S.C. § 241) 

Criminal - Equal Protection

(18 U.S.C. § 242)

Civil - Due Process and Equal Protection

(42 U.S.C. § 1983)