Civil Liability

Ministerial Acts

"Shall", employees' activities must always be done in a certain specific manner as to how an activity is performed. Strict compliance

Conspiracy 42 USC 1985

1. A conspiracy 2. To deprive plaintiff of equal protection, privileges and immunities 3. An act in furtherance of the conspiracy to deprive of equal protection 4. An injury or deprivation resulting therefrom E.G- Bearsly Park (conspiracy to falsify a report covering up a violation of a man's civil rights)

False Arrest Elements:**

1. Arrest/unlawful restraint of the physical liberty of another 2. Without probable cause 3. Favorable determination

False Arrest Elements

1. Arrest/unlawful restraint of the physical liberty of another 2. Without probable cause 3. Favorable termination

Three Exceptions to Discretionary Act Immunity

1. Conduct involving malice, wantonness or intent to injure 2. A statute provides for a cause of action against a municipality/municipal official for failure to enforce certain laws 3. Circumstances make it apparent to officer that his or acts or omission would be likely to subject an identifiable person to imminent harm

Exceptions to Indemnification

1. Criminal Misconduct 2. Fraud 3. Malicious Acts 4. Willful and or Wanton Misconduct- 5. Ultra Vires Acts- 6. Slander

Defenses to Failure to Intervene **

1. Did not see it (legitimately) 2. Occupied with another suspect 3. Distance 4. I did not think it was excessive at the time

Defenses for False Arrest

1. I had probable cause 2. Person was convicted- No favorable determination

Two Categories of Torts

1. Negligence 2. Intentional Acts

Malicious Prosecution

1. Officer arrested/initiated/procured criminal proceedings against plaintiff 2 Officer acted without probable cause 3. Criminal proceedings terminated in favor of the plaintiff 4. Officer acted with malice, primarily for a purpose other than that of bringing an offender to justice

To establish claims under 42 USC 1983, the plaintiff must show?

1. The government official acted under the color of law 2. Their constitutional rights, privileges and immunities were deprived 3. The government officials actions were in proximate cause of the injuries and damages sustained by the plaintiff 4. The government official's actions that allegedly caused the injury or loss claimed by the plaintiff were intentionally and purposeful

Qualified immunity standard

1. Was there a constitutional violation 2. did the officer's actions violate a clearly established law 3. It was objectively reasonable for the officer to believe that probable cause existed b. officers of reasonable competence could disagree on whether the probable cause test was met

Essential Elements of Negligence

1.Duty 2. Breach of duty by a defendant 3. Causation 4. Damages

Statute of limitation on a civil right action

3 years

Recklessness

A conscious disregard of a high risk or egregious misconduct that involves an extreme departure from ordinary care and where danger is apparent

Tort

A legal wrong committed upon the person or property of another for which the court will provide a remedy in the form of damages

Color of Law

A person acting under governmental authority.

Absolute Immunity

Complete immunity from criminal prosecution or lawsuits so long as the individual is acting within the scope of his/her official duties. e.g. judges prosecutors, legislators

Qualified Immunity

Immunity from lawsuits for law enforcement performing discretionary acts under certain conditions. Police Officers

Immunity

Legal status where an individual or entity cannot be held liable for violations of civil or criminal law

Discretionary Acts

May- employees has the ability to choose/decide options. Police Officers can exercise judgment and discretion

Monell v. Dept. of Social Services (1978)

Municipality can also be held liable pursuant to 42 U.S.C 1983 if an employee's violation of a federally protected right can be attributed to a municipal policy, practice of custom, written or unwritten

Bench Trial

No jury-Judge performs all duties during the trial

Investigative Detentions- Pat Downs**

Officers are permitted to do a pat down of the outer garments if factors lead him/her to believe the suspect may be armed or could be dangerous

Failure to Protect

Officers have a lawful

42 USC 1983 **

Opens the door to the Federal Court for citizens whos Constitutional rights have been violated by Government Officials

Plaintiff

Person/Entity initiating action lawsuit

Defendant

Person/entity being sued

Municipal Indemnification

Provides employee indemnification for negligent acts or omission occurring within scope of employment

sovereign immunity

State/government immune from lawsuits. Can't sue without governments consent

Indemnification**

The obligation of one person or entity to be financial bound and pay damages incurred by another

Negligence

The violation of a legal duty which one person owes another to care for the safety of that person or that person's property

Battery

harmful or offensive touching or contact with a person

Jury Trial

members of the community hear evidence and decides the facts. Judge rules on evidence and controls order of the court