Yak - Chapter 4 Legal Aspects of Police Administration

Explain the statement "acting under the color of state law" as it relates to U.S. Code 42, Section 1983 actions.

"Acting under the color of state law" means the officer was on duty and acting within the scope of employment as a sworn police officer. This is an essential element of a 1983 action, which gives federal courts the jurisdiction to hear police misconduct litigation related to constitutional torts.

Describe a Bivens in action.

A Bivens action is a complaint against a federal official for a violation of an individual's constitutional rights. The Bivens action applies only to the federal official as an individual and not to the government as a whole.

Identify the two most important elements to prove the validity of a mandatory age-based retirement rule.

A department must first prove the existence of a job qualification reasonably necessary to the essence of its operation. Second, the department must show that it has reasonable cause, based on fact, for believing that all persons in the age group prohibited would be unable to perform the job duties safely and efficiently or that it is improbable or impossible to accurately test and predict the capabilities of the individuals in the excluded group.

Describe the circumstances when an officer case use deadly force.

Deadly force can be used if an officer must defeat an imminent threat to his or her or another person's life. Deadly force may also be used to prevent the escape of a felon if it is necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.

Explain the limitations due process places on disciplinary rules.

Due process requires that disciplinary rules be clear, specific, and reasonably related to a valid job requirement.

Describe policy recommendations designed to reduce the potential for sexual harassment allegations and subsequent lawsuit in the police work environment.

It is recommended that several points be considered when developing policies against sexual harassment. The first is that the policy be clearly written, so that it is easily understood. The second is that there should be a prominent statement within the policy that discriminatory harassment is illegal, is prohibited by the agency, and will be dealt with through disciplinary action. The policy should also set forth procedures for how an employee may make a complaint of harassment. Finally, the policy should be distributed to every employee, regarding less of rank.

Describe procedural and substantive due process.

Procedural due process is the legality of the procedures used to deprive police officers of status or wages, such as dismissal or suspension. Substantive due process it the requirement that the basis for government action against an officer is reasonable, relevant, and justifiable.

Identify when department rules and policies might infringe on the free speech of officers.

Rules that infringe on the free speech of officers can be upheld if the legitimate interest of the employer is found to be more important than the officers' free speech interest.

Describe the "balancing test" as referred to in alcohol and drug testing in the workplace.

The balancing test requires that police officials weigh the nature and quality of the intrusion into the police officer's Fourth Amendment interests against the importance of the governmental need for supervision, control, and the efficient operation of the workplace,

Describe a police department's responsibility in reducing liability in high-speed pursuits.

The department's responsibilities in decreasing liability for high-speed chases include careful policy development, training of all officers in defensive driving techniques and departmental pursuit policies, adequate supervision of officers involved in a pursuit, and evaluation and documentation of all pursuit-related incidents.

Identify the four elements that must be proven in order to sue the police for negligence in a high-speed pursuit.

The first element is that the officer owed the injured party a duty not to engage in certain conduct. Next, it must be shown that the officer's actions violated that duty. Third, the officer's negligent conduct was the proximate cause of the accident, and finally, the suing party suffered actual and provable damages.

Identify the desired outcomes of effective training of police officers in dealing with emotionally disturbed persons.

The first outcome should be fewer incidents in which the use of force is necessary against emotionally disturbed persons. The second outcome of effective training is that is provides a strong defense to litigation regarding entanglements with emotionally disturbed persons.

List and describe the negligence theories applicable to police supervision and management.

The negligence theories applicable to police supervision and management include negligent employment, improper training, and improper supervision. Negligent employment may include liability against a police official for a failure to conduct a thorough investigation of a prospective employee's suitability for police work. Improper training negligence means that police officials failed to provide necessary training for officers. This can include firearms training or training in the use of physical force. Finally, failure to properly supervise or direct subordinate officer is applicable to police supervisors. This type of suit tends to be brought where officials have failed to take action to rectify a recurring problem exhibited in police operations by subordinates.

Identify and explain the three general categories of torts.

The three general categories of torts are negligence torts, intentional torts, and constitutional torts. In negligence torts, defendants will not be liable unless they foresaw or should have anticipated that their acts or omissions would result in injury to another. Intentional torts involve acts that are committed voluntarily and deliberately and that will, to a substantial certainty, injure another person. Finally, constitutional torts allege than an officer failed to uphold the constitutional rights, privileges, and immunities of others.

Due process

a guarantee of fairness in legal matters that requires that all legal procedures set by statute and court practice must be followed for every must be followed for every individual, so that there is no prejudicial or unequal treatment.

Bivens action

a judicially created counterpart to a 1983 action that gives the federal courts jurisdiction over torts involving federal officials.

Litigation

a lawsuit or another question to the court that resolves a legal matter or question.

Vicarious liability

a legal doctrine also known as a "respondent superior" imposing liability on supervisors and managers for the tortious conduct of their employees.

Tort

a private injury inflicted on one person by another person, for which the injured party sue in a civil action.

Reasonableness

a standard applied to many legal questions in which it must be determined if conduct or action was reasonable in the eyes of the court.

1983 action

a tort action by which federal courts obtain jurisdiction of suits that involve the deprivation of any rights, privileges, or immunities secured by the Constitution by an individual acting under color of any statute, ordinance, regulation, custom, or usage of any state.

Proximate cause

an event that directly results in another event, particularly injury due to negligence or an intentional, wrongful act.

Emotionally disturbed persons (EDPs)

individuals suffering from various forms of mental illness that may complicate interactions with police officers.

Liability

legal responsibility for a person's or an organization's acts or omissions.

Liberty rights

rights involving the protection and defense of one's good name, reputation, and position in the community.

Property rights

rights involving the protection of one's property; in some cases, an individual's right his or her job is considered a property right.

Negligences

the failure to exercise the care toward another person which a reasonable person would do in the same circumstances; also includes taking action that a reasonable person would not take; negligence is accidental.

Plaintiff

the injured party that initiates a legal action.

Procedural due process

the legality of the procedures used-in this case, to deprive police officers of status or wages.

Defendant

the person or organization being sued, also called a tort feasor.

Substantive due process

the requirement that the basis for government disciplinary action be reasonable, relevant, and justifiable.

Sexual harassment

unwelcome sexual advances, requests for sexual favors, and other physical and verbal conduct of a sexual nature, particularly when submission to or rejection of this conduct affects an individual's employment or work performance or contributes to a hostile work environment.