Critical Issues In Police Civil Liability

Front 1

What are the two avenues for litigating municipal police misconduct?

Back 1

1. File a lawsuit in state court violation of state tort law.
2. Civil suit into federal court for violation of constitutional or federally protected statutory right.

Front 2

What is the meaning of the Latin word tortus?

Back 2

Twisted or Bent

Front 3

What is the meaning of the French word tort?

Back 3

Wrong

Front 4

What is a Tort?

Back 4

A civil legal action against private parties not arising from written contracts.

A Civil Wrong!!!

Front 5

What is a crime?

Back 5

Crimes are harms punished by the state.

Front 6

What are the 3 general torts under state law?

Back 6

1. Strict Liability
2. Intentional
3. Negligence

Front 7

What is a strict liability tort?

Back 7

Behaviors so dangerous and hazardous its certain will result in injury or damage.

Do not usually apply to police officers

Example of use: Police use military style tactics at time for drug trafficking

Front 8

What is an intentional tort?

Back 8

Officer intended to engage in conduct that led to damage or injury.

Behavior was intentional

Front 9

How are intentional torts distinguished?

Back 9

• Foreseeability of danger
• engaging in a particular behavior
• extent to which officer knowingly engaged in behavior

Front 10

What are the various forms of intentional torts?

Back 10

1. Wrongful death
2. Assault and battery
3. False arrest & false imprisonment
4. Invasion of privacy and false light
5. Intentional infliction of emotional distress

AB WIFI

Front 11

What is a Wrongful Death?

Back 11

wrongfulness of act is determine by:

Was force used lawful and reasonable

Front 12

Assault and Battery

Back 12

Self explanatory

Front 13

What is false arrest?

What factors must be claimed for false arrest?

Back 13

• Unlawful seizure of a person

1. Willfully detained
2. Detention was against their will
3. Detention without authority of law
4. Person detained was aware of confinement

Front 14

What is false imprisonment?

What are the factors needed to claim?

Back 14

• Unlawful detention by a police officer

1. Intent confine, restraint or restrict freedom
2. Unlawful act results in restriction of freedom or movement
3. Knowledge of the harm

Front 15

What is Invasion of privacy & false light?

What are the 3 parts of simple invasion?

Back 15

1. Unreasonably intrude on seclusion
2. appropriate a person name or likeness
3. Unreasonable publicity to persons private life

Three parts:

1. Intrusion
2. that is highly offensive
3. Matter that person has legitimate expectation of privacy

Front 16

What must be shown for an Intentional Infliction of emotional distress tort?

Back 16

1. Extreme & outrageous conduct
2. intent to cause harm
3. emotional distress was proximate cause of outrageous conduct
4. emotional distress was severe

• Outrageous conduct: beyond bounds of decency, atrocious and utterly intolerable
• Example: Excessive Force

Front 17

What is a negligent tort?

Back 17

• Inadvertent behavior that results in damage or injury

Front 18

What are the four elements needed to establish a case of negligence?

Back 18

These 4 elements must be shown

1. A legal duty
2. breach of duty
3. proximate cause
4. actual damage or injury

Front 19

What is a legal duty?

Back 19

Legal duties require police officers to take action

or to refrain from taking actions.

Front 20

What is breach of duty?

Back 20

Police inaction. Violated a duty to the citizen.

Determined from factual situations

Front 21

What is Proximate cause?

Back 21

Conduct by the officer that was proximate cause of injury or damage.

Determined by asking: but for the officers conduct, would the plaintiff have sustained the injury

• If the answer is no then proximate cause is established.

Front 22

Damage or Injury

Back 22

Plaintiff must show damage or injury.

Future damage is not enough

Front 23

What are the 8 common claims of police negligence?

Back 23

1. Operation of emergency vehicle
2. Failure to protect
3. Failure to arrest
4. Failure to render assistance
5. Selection, hiring, and retention
6. Police supervision and direction
7. Entrustment and assignment
8. Failure to discipline and investigate

Front 24

Barriers and defenses to police liability

What are the most common legal doctrines barring police liability?

Back 24

1. Doctrines of Sovereign Immunity
2. Public Duty Doctrine

Front 25

What are the most commonly used defenses to claims of negligence?

Back 25

1. Contributory negligence
2. Comparative negligence
3. Assumption of Risk
4. Sudden peril

Front 26

What s does Sovereign Immunity protect.

Back 26

Protects federal and states from being suits by citizens.

• Does not protect municipalities

Front 27

What is the Public Duty Doctrine?

Back 27

• Police protection is owed to the general public and not to specific individuals
• No liability for negligent conduct unless shown a duty was owed to the person as an individual.
• There are exceptions to this doctrine

Front 28

What is the exception to the public duty doctrine?

Back 28

Special Relationships and Duties

• Can remove the protection from PDD
• Sometimes called special duties
• can arise in two forms

1. Assumption of responsibility
2. Knowledge of Behavior

Front 29

What is contributory negligence defense?

Back 29

If shown the plaintiff was also negligent in causing damage or injury, the officer not held liable

• Plaintiff must take reasonable and ordinary care for their own safety.
• Can be used for some intentional torts

Front 30

What is comparative negligence doctrine?

Back 30

• Determines the degree of negligence on both parties
• Court assess fault to both parties and to what extent
• Example: award 1000 Officer 30% Plaintiff 70%
• officer pays 300 while plaintiff pays 700

Front 31

What is assumption of risk docrtine?

Back 31

• If you know you are participating in dangerous behavior you cannot expect to recover damages from that behavior

Front 32

What is Sudden Peril doctrine?

Back 32

Protects officers who had split second to react to an emergency.