9/29/2016 Basic Law Overview Constitutional law, Civil Law Presented by Anna Roberts Smith

9/29/2016 U.S. Constitution United States Constitution is the ultimate authority of law in the united states No law can be contrary to the U.S. Constitution United States Constitution came about as a result of the Constitutional Convention which was called by the representatives of the original 13 states in May 1787 Over a period of six weeks the Delegates to the constitution Convention wrote the U.S. Constitution. The U.S. Constitution was completed in September 1787 and sent to the states for ratification

9/29/2016 U.S. Constitution The states could not agree until the Bill of Rights ( The first 10 amendments) were added to the Constitution in 1791 Since then 27 Amendments have been ratified and added to the U.S. Constitution. The U.S. Constitution starts with a Preamble which basically is the introduction to the Constitution. “ We the people of the United States, in order to form a more perfect Union, Establish Justice, insure domestic Tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

9/29/2016 U.S. Constitution The numbered articles if the U.S. Constitution cover the setting up of the government of the U.S. ( Executive, legislative, and judicial), States power, federal power and the ratification process And as stated earlier, 27 amendments have been added to the U.S. Constitution

9/29/2016 Federal Civil Rights Act 42 U.S.C. ( ) Provides the statutory basis for the police abuse actions against state of local officers. Of these statutes, 1983 ( The Civil Rights Act 1871), Is the most frequently invoked Original intent was to fight the Klu Klux Klan because it was felt only the federal government could provide the powerful momentum necessary to force recognition of the claims of all citizens to the enjoyment of rights, privileges, and immunities guaranteed by the 14th Amendment to the U.S. Constitution. Southern law enforcement officers didn’t do anything to Klu Klux Klan members and they should have.

9/29/2016 Liability under 1983 In order to establish liability under 1983, the plaintiff must prove first that the defendant was acting under “color of law” Of a state or territory If you are uniformed and working directly under your police department/sheriff’s department or have been given the authority by your city or county to enforce ordinances, you are under the color of the law. Second, whether this is conduct deprived person of rights, privileges, or immunities secured by the Constitution or laws of the United States.

9/29/2016 Establishing Liability of Individual Officers An officer who, acting under color of the state law, commits an act directly resulting in a constitutional deprivation is liable for damages. If more then one officer has contact with the plaintiff, all of the officers may be liable as joint tortfeasors. Several courts have held that an officer who stands idly by and fails to prevent a fellow officer from beating the plaintiff is also liable to him. In Pellowski v Burke, police officers were held liable for standing by while a landlord forcibly and illegally entered a tenants apartment and evicted him. The court held that the leased home was property right protected by the due process clause of the 14th Amendment.

9/29/2016 Liability of Supervisory Officers Supervisor Liability depends upon the facts of the case, including the following Personal participation is not required Whether the supervisor has done something, or failed to do something which he ought to have done, which was a proximate cause of the violation of the plaintiff’s rights. The crux of the issue is whether the supervisor caused the constitutional violation to be committed by the subordinate officer.

9/29/2016 Specific Theories of Liability Against Supervisors Supervisor is present on the scene, or directs in some manner the action in question Acquiescence in behavior by subordinates Failure to train Subordinates Knowledge of potential problems and failure to correct them – Failure to supervise

9/29/2016 Liability of Municipalities In 1978, the supreme court, in Monell v Department of social services, that municipalities were persons subject to suit within the meaning of 1983

9/29/2016 Specific Theories of Liability Against Municipalities Unconstitutional Ordinance Implicit authorization of harassment Failure to act to correct unconstutional conditions. Inadequate training and supervision

9/29/2016 Actionable Conduct under the Federal Civil Rights Act Arrest and Detention Malicious, Discriminatory, or Retaliatory Prosecution Excessive Force and Physical Brutality Deadly Force Illegal Search and Seizure and the Right to Privacy

9/29/2016 Actionable Conduct under the Federal Civil Rights Act Denial of 1st Amendment Rights 5th Amendment, Illegal Interrogation 6th Amendment, Denial of Counsel and Fair trial Denial of Medical Attention Conspiracies to violate Civil Rights

9/29/2016 Getting Sued Remember: All it takes to file a lawsuit is a Attorney and Filing Fee Doesn’t mean you did anything wrong but you still have to defend yourself. Longer you are in the business, the more likely you will get sued.