Conditions and Defenses

Slides:



Advertisements
Similar presentations
CIVIL LIABILITY Instructor: John M. Balloni. Duration: Two Hours Instruction Methods: Lecture, discussion, overheads and video.
Advertisements

Civil and Criminal Remedies for Constitutional Violations
Remedies Against Govt Defendants – Some Basics 11 th amendment bars suits against the State, unless Lawsuit is against state officer in their official.
Part I Sources of Corrections Law. Chapter 3 - Habeas, Torts, and Section 1983 Introduction: Most correctional litigation is in the civil area Area is.
What You’ll Learn How to define negligence (p. 88)
4Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART Negligence and Strict Liability Section 4.2.
Torts True or False Torts Defined Torts Completion.
4Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART Intentional Torts Section 4.1.
The Law of Torts Chapter 4. The Corner Cafe Characters: Jamila ………………….Ms. Walton Thai …………………….Jacoy Daniel …………………. Peggy ………………….Kerisha.
Suing the Federal Government. 2 History Traditional Sovereign Immunity US Constitution "No Money shall be drawn from the Treasury, but in Consequence.
Chapter 18: Torts A Civil Wrong
Judicial Review. Basic Requirements Court must have jurisdiction Plaintiff must state a recognized cause of action and seek a recognized remedy This is.
Chapter 4 Legal Liability
Chapter Fourteen Negligence and Intentional Torts This multimedia presentation and its contents are protected under copyright law. The following are prohibited.
Copyright © Allyn & Bacon 2008 Chapter 6 School Personnel and School District Liability This multimedia product and its contents are protected under copyright.
BELL QUIZ ON CHAPTER 3 1. List two felony crimes. 2
CIVIL & CRIMINAL LIABILITY Staff Development Emergency Operations Volunteer Training Legal Issues:
Tort Law – Unintentional torts
Chapter 13 Administrative Responsibility Torts & Agencies ► What is a Tort? ► Generally, under the concept of “Sovereign Immunity” it is impossible to.
Police and the Law 1 1 Police and the Constitution 10.1 Chapter 10 Police and the Law Chapter 10 Police and the Law.
 A body of rights, obligations, and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from.
By : Lillie Gray 1 st period Business Law Exam.  Crime- an offense against the public at large, which is therefore punishable by the government.  Tort-
4Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART Intentional Torts Section 4.1.
4Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART Intentional Torts Section 4.1.
Prepared by: Matt J. McCarthy1 Introduction to Security Chapter 4 Legal and Ethical Considerations.
Chapter 4- The Law of Torts
Chapter Thirteen – Legal Liabilities and Other Consequences of Police Misconduct Rolando V. del Carmen.
Chapter 4 Classification of the Law. 2 Substantive and Procedural Law o Substantive Law o Defines our legal rights and duties o e.g. we have a duty to.
Civil Law Security Services. Copyright © Texas Education Agency, All rights reserved. Images and other multimedia content used with permission.
Unit 6 – Civil Law.
The Law Of Torts Chapter #4.
CANINE LIABILITY Law Enforcement Liability Basics “Those who do not learn from history are bound to repeat it.” Civil Litigation When a person begins.
School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e © 2012 Pearson Education, Inc. All rights reserved. Chapter 6 School Personnel.
By Kelly Marken CIVIL LAW & LAWSUITS. WHEN YOU TURN 18 YOU CAN SUE AND BE SUED IN A CIVIL COURT.
CHAPTERS 3 & 4 STUDY GUIDE. Arson- the willful and malicious burning of a house or building.
Criminal Procedure Chapter 6. Copyright © 2007 Thomson Delmar Learning Objectives Define arrest, and explain the authority of a firefighter to make an.
Criminal & Civil Law Chapter 15. Where do our laws come from? The Constitution – Constitutional Law The Legislature – Statutory law The Decisions of Judges.
Legal Issues Legal Issues in Probation and Parole And Community Based Corrections.
Chapter 20 Negligence. The failure to exercise a reasonable amount of care in either doing or not doing something resulting in harm or injury.
The Law of Torts.
Copyright © 2008 Pearson Education Canada4-1 Chapter 4: Intentional Torts.
American Public School Law Torts n Definition of a tort – Intentional interference – Strict Liability – Negligence – Elements of Negligence – Defenses.
Category Day Presentation to the Public Health Service Commissioned Corps June 21, 2012.
Unit 2 Chapter 5 Legal Environments of Business (LEB)
Federal Criminal & Civil Remedies for Unconstitutional Conduct Title 42 USC Section 1982 –Under Color of State Law.
Section 3.1 Definition of a Tort. Section 3.1 Definition of a Tort.
Chapter 9: Introduction to Torts
Civil Liability Between 1980 and 2005, federal court decisions involving lawsuits against the police nearly tripled More than 30,000 civil actions annually.
Legal Studies * Mr. Marinello ARRESTS AND WARRANTS.
The Law of Torts Chapter 4. Intentional Torts Crime: –Harm to specific individuals and also to the general welfare Tort: –Private wrong committed by one.
Crime-Tort Jeopardy Business Related Crimes Elements of a Crime Classify Defenses Elements of a Tort Types of Torts Civil Procedure $100100$100100$100100$100100$100100$100100$
Understanding Business and Personal Law Intentional Torts Section 4.1 The Law of Torts The Difference Between Criminal Law and Tort Law Intentional Torts.
4Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART Intentional Torts Section 4.1.
Intentional Torts Chapter 19. Types of Damages Compensatory Damages- money awarded to compensate for monetary loss and pain and suffering Nominal Damages-
Civil Law An overview of Tort Law – the largest branch of civil law Highlight the differences between tort law and criminal law How torts developed historically.
Intentional Torts  Intentional torts are actions taken with the intent to harm another person or another's property. The intent to harm does not have.
The Law of Torts Business Law Chapter 4. The Law of Torts The law of torts is the concept of rights. Under the law, people are entitled to certain rights.
Civil Liability Issues and Negligence Unit 4. Objectives Define the intentional torts of battery, assault, false imprisonment, intentional infliction.
Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts A person can commit an unintentional tort, when he.
4Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART Negligence and Strict Liability Section 4.2.
9/29/2016 Basic Law Overview Constitutional law, Civil Law Presented by Anna Roberts Smith.
Torts. Homework: read section titled: The Idea of Liability and The Idea of torts: Yesterday, Today, and Tomorrow - take notes on reading! Pages
Legal Aspects of Nursing
Chapter 6 School Personnel and School District Liability
Section 4.2.
The Law of Torts I’m going to sue you!.
Civil Law An overview of Tort Law – the largest branch of civil law
Section Outline Unintentional Torts Negligence Strict Liability
Federal Tort Claims Act
Presentation transcript:

Conditions and Defenses Civil Liability Conditions and Defenses

What is the connection between ethics and deviance and law enforcement operations? When police officers fail to perform their assigned duties, perform them negligently, or abuse their authority, the possibility of civil liability exits.

Key points: There are Real Suits, frivolous suits, nuisance suits, deep-pocket suits Visibility and recent rise in court findings of police liability Number of suits generally increasing and the dollar amount of pending suits increasing Civil liability is the companion to Criminal complaint Litigation is one of the ways for “controlling” police behavior Most law suits involve assault, battery, false imprisonment, and malicious prosecution

Basic formula for any lawsuit Existence of a legal duty owed by one party to another An alleged breach of that duty Injury or loss resulting from that breach

Parties to the Law Suit Plaintiff: citizen Defendant: officer, supervisor, administrator, entire departments and police academies - generally a specific person is singled out to be named in the law suit as well as others associated with the incident

State Suits It is within the rights of all citizens to take legal action against persons whom they feel have wronged them. (Civil tort - a civil wrong in which the action of one person causes injury to the person or property of another in violation of a legal duty imposed by law)

Three Categories Intentional tort - use in police cases Negligence tort- used in police cases Strict liability tort - not used in police cases

Intentional Tort False Arrest and False Imprisonment Assault and Battery Wrongful Death Intentional Infliction of Emotional Distress

Assault & Battery Assault - usually defined as the intentional causing of an apprehension of harmful or offensive conduct; it is the attempt or threat, accompanied by the ability, to inflict bodily harm on another person - committed if an officer causes another person to think he/she will be subjected to harmful or offensive contact Battery - the intentional infliction of a harmful or offensive body contact - given this broad definition, the potential for battery exists every time an officer applies force on a suspect or arrestee) Difference - assault is generally menacing conduct that results in a person’s fear of imminently receiving a battery, whereas battery involves unlawful, unwarranted or hostile touching, however slight - in some jurisdictions assault is attempted battery

Negligence Tort Negligent Operation of Motor Vehicle Negligent Failure to Protect Negligent Police Training Breach of Duty Proximate Cause Damage or Injury

Defenses for Suites Contributory Negligence Comparative Negligence Assumption of Risk

Federal Suites Based on the premise that when police misbehave, it is often the citizen’s rights under the Constitution that have been violated - Civil Rights Act of 1871

1893 Action Section 1983 of Title 42 of the U.S. Code - passed in the aftermath of the Civil War - The law originally passed Congress in 1871 and was known as the Ku Klux Klan law

1893 Action Conditions Usually filed in Federal Court .Discovery procedures more liberal .Attorney’s fees are recoverable by the “prevailing” plaintiff in accordance with the Attorney’s Fees Act of 1976 .Recognizes that city, county, and state police officers take an oath to uphold and enforce the laws of their specific state, and much public confidence and trust is entrusted to them - consequently, the law prohibits the depravation of life, liberty, or property without due process of law

Monroe v Pape (1961) Case of brutality - crucial aspect to Section 1983 is that the infraction must have occurred while the officer was acting under the color of the law - this means that the police officer in question must have been on duty and acting within the scope of his/her employment

Elements of a Section 1983 Lawsuit The defendant must be acting under color of law There must e a violation of a constitutional or a federally protected right

Federal Officers Federal officers cannot be sued under Section 1983 but can be sued under one of two complaints Bivens action - basically a judicially created counterpart of the 1983 action suit and the Supreme Court has allowed federal officers (not the federal government) to be sued for constitutional violations that would otherwise be the subject of the 1983 suit against a state or local officer (comes from Bivens v. Six Unknown Federal Narcotics Agents (1971) Tort against the United States under Federal Tort Claim Act -

Federal Tort Claim Act - Defenses Absolute Immunity Quasi-judicial Immunity Qualified Immunity

Absolute Immunity Applies only to judges, prosecutors, legislators - except in the case of a police officer’s actions connected with the trial process - police can be tried in criminal court in the case of perjury

Quasi-judicial Immunity Certain officers are immune if performing judicial-type functions but not when performing other functions connected with their office - probation officer preparing a pre-sentence investigation report upon the order of a judge

Qualified Immunity The immunity defense applies to an official’s discretionary (optional) acts, meaning acts that require personal deliberation and judgement Relates to the good faith defense - a public officer is exempt from liability if he/she can demonstrate that the actions taken were reasonable and performed in good faith within the scope of employment

Probable Cause Only in cases of false arrest, false imprisonment, and illegal search and seizures, either under tort law or Section 1983 - means reasonable good faith belief in the legality of the action taken - expectation is lower than the Fourth Amendment definition Note: “when the facts and circumstances within the officer’s knowledge and of which they have reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed”

Good Faith Used in Section 1983 and not available in all states for tort laws - means that the officer acted with honest intentions under the law (meaningfully lawful) and in the absence of fraud, deceit, collusion, or gross negligence

Good Faith most likely to be upheld If the officer acted in accordance with agency rules and regulations If the officer acted pursuant to a statute that is believed to be reasonably valid but is later declared unconstitutional If the officer acted in accordance with orders from a superior that are believed to be reasonably valid If the officer acted in accordance with advice from legal counsel, as long as the advice is believed to be reasonably valid

Can Police Sue Back? Officer may have to hire on attorney in a tort case Those being sued may not have the money to pay if the counter suit prevails Less expensive and more convenient to get back at the suspect in a criminal case Many officers feel that the harsh treatment they sometimes get from the public is part of police work and is therefore accepted without retaliation