Civil and Criminal Liability
The elements of negligence are
(1) a duty to act with care, (2) breach of the duty to act, (3) causation or proimate cause, and (4) damages.
LE officers are permitted to commit some what illegal acts under florida law?
(1) use of force in riots, possession of controlled substances during a criminal investigation and carrying a concealed firearm
In criminal law
An improper act is called a crime
Excessive use of force can lead to
Civil and criminal liability.
Negligence
Failure to use due or reasonable care in a situation that results in harm to another.
Punitive damages
damages awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit. They are intended to punish the defendant for his or her act and to warn others from doing the same act.
Acts done in reasonable manner
Acting professionally within the law agency policies and priocedures. Reasonable is judged objectively( would a reasonable officer in the smae situation have acted the same way.
When can the gov't indict a LE officer for the same incident?
After an acquittal the, the federal government may indict the officer for criminal civil rights violations for the same incidents.
In civil law
An improper act is called a tort. A civil wrong in which the action or inaction of a person or entity violated the rights of another person or entity.
Negligently driving a vehicle?
And causing damage to another vehicle or property will likely lead to civil liability. If an officers negligent actions amount to recklessness, the officer may also be subject to criminal charges like vehicular homicide
Compensatory damages
Are designed to compensate for the actual property damage, harm, or injury the plaintiff suffers. It may include general, special, or nominal damages.
State crime and Federal civil rights violation
Are different offenses even though they may arise from the same facts.
Direct liability
Arises in cases in which the officer committed an intentional or a negligent tort in violation of the employing agency's orders or policies. The agency's liability is based on action it took or failed to take regarding the officer's alleged policy violation. Direct liability may result from negligent hiring of a problem employee, negligent assignment of duties to a person who os not able to perform them, negligent retention of a problem employee, or failure to adequately train an employee.
When does both sections require proof that the officer acted under the authority under his or her agency and intentionally violated a clearly established constitutional or civil right of a victim
Before imposing liability
Before imposing civil rights violations on an officer
Both sections require proof that the officer acted under the authority of his or her agency and intentionally violated a clearly established constitutional or civil right of the victim. Negeligence does not give rise under federal law.
Officers
Can be prosecuted criminally and civilly for the same act.
Under state law an employing agency
Cannot pay the punitive damages; they must be paid by the individual officer.
A duty(ELEMENTS OF NEGLIGENCE) means?
Created by a statue or contract, duties may be general or specific
Crimes and Corresponding intentional torts
Crime Tort Battery Battery Theft Conversion False imprisonment False Arrest Homicide Wrongful Death
Most recognized types of liability
Criminal & Civil
What does the 5th amendment double jeopardy bar not prohibit?
Criminal prosecution for civil rights violations even after acquittal of state criminal charges because the state and federal governmnet are two separate distinct sovereigns.Ex: An LE officer charged with aggravated battery for beating a suspect who resisted arrest may be acquitted of all state charges . After the acquittal, the fed gov't may indict the officer for criminal charges.
Nominal damages
Damages in name only; they are awarded when the jury believes the plaintiff's rights were violaed, but there is insufficient proof of measurable financial harm.
When can the State Attorney and the US Attorney 's office file criminal charges on a LE officer?
If an officer commits an act that violates state or local law and/or violate federal law.
When vicarious or direct liability will not apply
If it is shown that neither the employing agency nor the supervisor is responsible for an employee's improper act.
Torts may be
Intentional, such as battery of false imprisonment, or unintentional , such as negligence. The difference is the intent.
Sovereign immunity(does not protect officers and employees named in federal civil right actions)
Is derived from the common law idea that the king and his agents can do no wrong.It provides one of the most important protections for governmental employees and LE agencies. It includes a list of circumstances and requirements that must be met before the state , a county, a municipality, or a LE agency or any of its employees can be sued in a state tort action It also protects individual officers and government employees from personal liability and from being named as a defendant in a state civil lawsuit. However, before a plaintiff can prevail in such a case, he or she must show more than mere negligence on the part of the officer or employee.
Civil liability
Is responsibility for a wrongful act or an omission that injures a person or property and most often involves negligence. Penalties for civil liability are normally paymeny of money damages to the victim or victim's heirs.
Unlawful search or seizure
Is when it is performed without probable cause or reasonable suspicion. This happens inadvertently. Because the officer acted under the color of law, the suspect can file a federal civil rights lawsuit.
Employing agency
May opt not to defend an employee in a civil case, even if the action arose from within the scope of employment. However, if the employee prevails, the agency must reimburse court costs and reasonable attorney's fees. The agency may pay any final judgment, including damages, costs, and attorney fees, arising from a complaint for damages or injury that resulted from any act or omission of the employee in a civil or civil rights lawsuit.
Employing agency
May, but is not required to, reimburse legal costs for its employees who have been sued or charged with a crime. Also, they may provide legal counsel for its employees who are sued in either state tort actions or federal noncriminal civil rights actions.
Omission
Means neglecting to perform what the law or duty requires. Officers may be liable not only for performing required actions improperly but also for failing to perform actions required of them.
Criminal liability
Occurs when an officer is found guilty of committing a crime and is sentenced to incarceration or other penalties.
Unlawful arrest
Occurs when an officer takes someone into custody without probable cause. IS AN INTENTIONAL TORT. He or she may be liable for false imprisonment of the arrestee or violating the arrestee's civil rights.
Vicarious liability
Occurs when one person or enity is held liable for the negligent actions of another person even though the first person or entity was not directly responsible for the injury. In law enforcement, an officer's agency is often vicariously liable for damages caused by the officer's actions.Ex: If an officer is found guilty of sexual harrassment and the agency did not know anything about it when it occurred than an agency may be required to oay damages.
Acts done in good faith
Officers must be faithful to their duty and honestly intend to avoid taking undue advantage of others. Without malice, ill, will, or or intent to unjustly harm.
If an officer action is for alleged civil rights violation?
Payments for the full amount of the judgment may be made by the employing agency unless the final judgment states that the officer intentionally caused harm. This section allows the employing agency to pay any pretrail settlement of any claim or litigation.
What are the most common types of civil liability?
Related to arrests, searches, use of force, administration of first aid, and operation of vehicles. The same unlawful acts that result in civil liability may also subject the officer to criminal charges.
Federal and state laws that protect officers against civil and criminal liability and provide legal defense
Sovereign immunity, qualified immunity, good faith, reasonable manner, justified acts, and emergency doctrine.
Breach of duty(ELEMENTS OF NEGLIGENCE) means?
The defendant unreasonably failed in the duty he or she was obligated to perform.
If a plaintiff proves at the trail that the officer committed a tort or violated civil rights as part of his or her duties then ?
The employing agency is likely to be liable for damages through direct or vicarious liability.
In a civil suit
The officer may not be the only defendant, most suits also name the employing agencey, its chief or sheriff, or other governmental officials because in most cases the officer acted within the scope and course of his or her authority.
Qualified Immunity
This defense protects governmental officials form liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.
Special damages
Those actually caused by the injury. They are available to the plaintiff for lost earnings, medical ecpenses, destruction of personal property, and attorney's fees.
General damages
Those presumed to result from the defendant's actions. They include awards for pain and suffering, discomfort, humiliation, fright, and emotional distress.
Damages(ELEMENTS OF NEGLIGENCE) means?
Two main catergories: compensatory and punitive. All four elements must be proven in a negligence action to recover damages. If any of the four elements is missing, the defendant cannot be found negilgent.
A civil rights violation
Unlawful interference with the fundamental rights of another person, such as the rights to due process and equal protection under law. LE officers who violate someone's civil rights may be subject to civil liability and even criminal posecution.
Sovereign immunity
Unless an officer or employee acts or fails to act with willful wanton disregard of someone's rights or property, the officer or employee must be dismissed from a state civil torct action.
Define acting under the "Color of law" ?
When an officer acts or purports to act in the performance of offical duties under any law , ordinance, or regulation.
When can a officer face civil liability
When an officer fails to provide appropriate first aid to someone who needs immediate medical assistance may face civil liability.( which is called an omission) Also, negligently driving a vehicle and causing damage to another vehicle or property will likely lead to civil liability. However, if the officer negligent actions amount to recklessness, the officer may also be subject to criminal charges like vehicular homicide.
Liability issue
When an officer improperly performs a job task or does not perform a job task that he or she reasonably should have performed.
What actions of an LE officer result in FBI investigations?
When an officer's illegal act causes injury or other serious consequences to a person. Ex: A suspect's death due to a ploice beating.
Acts Justified under the law
When son seeingly offensive police actions can be justified under the law. This occurs when case law and statutory law provides a defense for an officer's actions.Ex Carrying a concealed fiearm.
Emergency Doctrine
When sudden peril requires instinctive action, an officer is not required to use the same degree of care as when there is time to reflect.
Proximate cause(ELEMENTS OF NEGLIGENCE) means?
Which means that the breach caused the harm. Is the legal phrase for the link between the breach of duty and the harm caused(damages). The judge and jury will have to determine if the harmful event was a forseeable outcome of the defendant's act or failure to act.
Acting within the scope of employment (protect officers charged with civil and criminal actions)
refers to the range of reasonable and foreseeable activties that an employee does while carrying out the employer's business.