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29 Cards in this Set
- Front
- Back
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Types of legal liability |
Civil Criminal Professional |
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Types of Courts |
Small claims County District Federal |
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Agencies |
DOJ EEOC CCRD |
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The Parties (Criminal and Civil) |
Criminal - People (of CO, or United States) vs. Defendant - People represented by City Attorney/District Attorney/US Attorney - Defendant represented by counsel with right to Public Defender Civil - Plaintiff v. Defendant - Plaintiff is person suing represented by private attorney or pro se - Defendant represented by private attorney or City/County/US Attorney for government defendants |
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Criminal Process |
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Civil Process |
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Deposition |
Recorded interview |
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Interrogatories |
Written questions that you have to respond to in writing |
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Criminal Standard of Proof |
Beyond a reasonable doubt - highest standard Innocent until proven guilty (presumption of innocence) People have burden of proof |
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Civil Standard of Proof
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Preponderance of the evidence - more probably true than not - much easier standard Clear and convincing evidence for certain issues Plaintiff has burden of proof Defendant has burden for proof for affirmative defenses (immunities, etc.) |
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Criminal Outcome |
Acquittal - not declaration of innocence Plea or guilty verdict - sentencing and/or fine - eighth amendment - can't be excessive - Imprisonment or probation - eighth amendment - can't be cruel and unusual |
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Civil Outcomes |
Jury/judge finds for Plaintiff - damages awarded - costs and attorney's fees awarded (federal) - possibility of consent decree - other orders Jury/judge finds for Defendant - case is dismissed - attorney's fees awarded if allege willful and wanton and do not succeed Settlement - payment is made in exchange for dismissal - might require other actions (policies, etc.) |
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Officer Criminal Liability |
Criminal Charges - Colorado use of force offenses * CRS 18-8-801, et seq. - Colorado criminal offenses * assault, homicide, imprisonment, etc. - Official misconduct - Federal offenses * 18 USC 241 and 18 USC 242 * Other federal crimes - mail fraud, wiretapping |
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Offenses Relating to Use of Force by Peace Officers |
CRS 18-8-802 - must report observed unreasonable use of force by another peace officer to immediate supervisor - report must be made in writing within 10 days - Class 1 misdemeanor for failure to report CRS 18-8-803 - peace officers using excessive force are subject to same laws regarding assault, homicide, etc. - cannot use force if rendered incapable of resisting arrest CRS 18-8-804 - agencies must have use of force policies |
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Federal Criminal Statutes |
18 USC 242 - Deprivation of rights under color of law §Whoever,under color of any law, statute, ordinance, regulation, or custom, willfullysubjects any person…to the deprivation of any rights, privileges, or immunitiessecured or protected by the Constitution or laws of the United States… §or todifferent punishments, pains, or penalties, on account of such person being analien, or by reason of his color, or race, than are prescribed for thepunishment of citizens 18 USC 241 - Conspiracy against rights §Twoor more individuals conspire to injure, oppress, threaten, or intimidate anyperson…in the free exercise or enjoyment of any right or privilege secured tohim by the Constitution or laws of the United States, or because of his havingso exercised the same |
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Civil Parties |
Plaintiff - Individual - Organizations - The People (Gov't Agencies) Defendants - Agency - Sheriff / Chief - Individual officers / supervisors Courts - State - Federal |
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Type of Civil Claims |
Negligent Torts - conduct falling below standard of care that causes damages to plaintiff - car accidents, slips and falls, injury, etc. Intentional Torts - same as negligence performed with intent to cause damage / harm - assault, false arrest, malicious prosecution, etc. Constitutional Torts - violation of constitutionally protected rights - excessive force, first amendment, discrimination |
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Litigation Process |
Who's sued? - individual v. official capacity - employee v. agency - Sheriff v. Sheriff's Office The discovery process - interrogatories - request for production or inspection - request for admissions - depositions Indemnification Damages - actual / economic - non-economic - nominal - punitive |
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Common Civil Claims (State torts) |
§Assault/ excessive force §Claimsrelated to dangerous condition at jail§Claimsrelated to operation of the jail §Automobilecases |
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Common Civil Claims (Federal civil rights) |
§ExcessiveForce §DueProcess §Cruel& Unusual Punishment – Jail conditions§1stAmendment – Jail §EqualProtection §Employment §Failureto Train / Supervisor Liability |
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42 USC 1983 |
Violating someone's civil rights will get you sued civily |
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Excessive Force (8th amendment [sentenced]) |
Objectively harmful enough to establish a constitutional violation - contextual and viewed in light of contemporary standards of decency Officials acted with a sufficiently culpable state of mind - turns on whether force was applied in a good faith effort to maintain or restore discipline or maliciously an sadistically for the very purpose of causing harm |
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4Excessive Force (4th amendment [pre-trial]) |
§Reasonableforce is the degree of force that a reasonable and prudent police officer wouldhave applied in effecting the arrest under the circumstances §Norequirement of bad intent or motive§Amountsto similar standard as negligence §Excessiveforce for pre-trial inmates at the jail is treated like 8th Amendment violation |
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Vicarious Liability |
Liability for the acts of others - master/servant - employer/employee - principal/agent Agency is liable for the acts of its employees, contractors, etc. |
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Sexual Harassment |
Defined as, but not limited to, unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature. - submission of conduct is made either explicitly or implicitly - submission to or rejection of such conduct is used as the basis for decisions affecting employment - such conduct has the purpose or effect of substantially interfering with an individuals work performance for creating an intimidating, hostile or offensive work environment |
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Hostile work environment |
severe or pervasive relationships in the workplace |
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Quid Pro Quo |
person with authority asks for sexual favors as a term or condition of employment |
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Defenses |
Policy and procedures in place Quick and appropriate response |
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Title VII of the Civil Rights Act of 1964 |
Race Color Religion Sex National Origin Disability |
