Civil Liability for Law Enforcement

• Civil liability involves potential responsibility for damages or court-enforced obligations in a lawsuit, distinct from criminal liability, which involves punishment for a crime.
• Law enforcement officers face increasing scrutiny and civil lawsuits due to their on-duty and off-duty actions.
• Personal liability means officers can be held civilly responsible for actions related to their position.
• Lawsuits can be brought under legal theories like intentional torts and 42 U.S.C. § 1983, the latter being most common.
• Section 1983 lawsuits, often called Bivens actions, arise when officers violate statutory or constitutional rights.
• Common civil claims against law enforcement include false arrest, excessive force, malicious prosecution, and failure to intervene.
• While lawsuits often target the agency for damages, officers are usually named, causing them stress.
• Officer immunity leads to the dismissal of most cases, as courts grant deference to officers performing their duties.

Vicarious Liability

• This refers to liability assigned by law for the negligent or criminal acts of another person such as a subordinate.
• Applies when someone has control over or responsibility for another who negligently causes injury.
• Examples include an officer misusing authority or a supervisor participating in/ratifying misconduct.

Negligence

• Defined as failure to act with the care of an ordinary person in similar circumstances.
• Can involve actions or omissions when there's a duty to act such as assisting victims of one's previous conduct.
• Courts determine if an officer had a duty to exercise reasonable care based on their relationship with the injured party.

Gross Negligence

• This is a conscious disregard for reasonable care, likely causing foreseeable, severe harm.
• It differs from ordinary negligence in the degree of inattention and from willful/wanton conduct in intent.
• Contributory negligence is a defense against gross negligence but not willful/wanton conduct.
• Willful/wanton misconduct can result in punitive damages, unlike gross negligence.
• Gross negligence example: releasing burglary suspects who then commit arson on the victim's home.

Intentional Action

• Requires purpose, contrasting with "regular" acts lacking intent, as an officer would be using a baton to intentionally strike someone who had done nothing wrong.
• An officer's mindset determines if an act was intentional.
• In tort law, intentionally causing harmful or offensive contact is considered battery.

Indemnify

• To indemnify means to compensate for loss or damage or provide financial security for specified losses.
• NRS 41.0349 outlines conditions for indemnifying public officers, employees, immune contractors, or state legislators in civil actions:
• A present or former officer, employee, immune contractor, member of a board or commission of the State or a political subdivision or State Legislator
• There are exceptions if the person doesn't request defense, cooperate, acted outside duty, or acted maliciously.

Basis of Liability for Excessive Use of Force

• Determining when "reasonable and necessary force" becomes "excessive force" is subjective.
• Reviews of force may be conducted internally, by the district attorney, civilian review boards, or courts.
• Officers have the authority to use force to achieve lawful objectives like arrest or serving a warrant.
• Graham v. Connor (1989) sets the standards for use of force lawsuits, focusing on:
• Crime severity
• Immediate threat to safety
• Resistance or attempted escape
• Courts should account for officers making split-second decisions in tense, uncertain situations.
• Use of force is judged by the officer's knowledge at the scene, not with hindsight.
• Factors considered: threat level relative to officer numbers/strength, availability of less-lethal tools.
• Agencies aren't liable for not deploying specific less-lethal technology.
• Suspect's mental state or impairment influences the threat analysis.
• Only reasonable and necessary force is permitted; excessive force is anything beyond that.
• In addition to Graham v. Connor, courts consider the need for force, the relationship between the need and applied force, and the extent of injury caused.
• Graham v. Connor factors apply to both the amount and method of force used.
• Deadly force is assessed using the Graham test and constitutional considerations.
• Tennessee v. Garner (1985) limits deadly force to situations where:
• The officer is threatened with a deadly weapon
• The suspect poses a threat of serious harm or death
• The suspect committed a violent crime involving serious harm or death
• A warning should precede deadly force, if feasible.

Basis of Liability for Illegal Search and Seizure

• The Fourth Amendment protects against unreasonable government intrusion into a citizen's person, home, business, and property.
• Legal safeguards limit when officers can interfere with Fourth Amendment rights.
• Fourth Amendment protections extend to physical apprehension of a person (stop or arrest) and searches of private places/items.
• The degree of protection varies based on the detention/arrest nature, location, and search circumstances.
• Fourth Amendment applies in situations like police questioning on the street, traffic stops, arrests, and searches of homes/businesses.
• Officers typically need a valid search warrant, arrest warrant, or probable cause to search or seize an individual/property.

Civil Law Burden of Proof

• Civil trials use a "preponderance of the evidence" standard for proof.
• "Preponderance of the Evidence" means the plaintiff has proven their case by slightly over 50%.
• Case outcomes depend on venue, defendant, allegations, lawyer quality, expert witnesses, and other factors.

Criminal Law Burden of Proof

• Criminal cases require the highest standard: proof "beyond a reasonable doubt."
• This high level of proof means one is willing to rely and act upon it without hesitation in the most important of a person’s own affairs.
• Proof "beyond a reasonable doubt" does not mean certain, rather it means that no other logical explanation can be derived from the facts except that the defendant committed the crime..

Number of Days Officer has to Request an Attorney after Being Served Notice of Summons or Complaint

• NRS 41.0339 specifies that official attorney must defend present/former officers or employees in civil actions related to their public duties if:
• The officer submits a written request for defense within 15 days of being served a summons or complaint.
• The act or omission appears to be within the scope of public duty and performed in good faith.
• Official attorney must employ special counsel if legal service is impractical, uneconomical, or a conflict of interest.

Civil Rights Act of 1964

• Outlaws discrimination based on race, color, religion, national origin, and sex in public accommodations, employment, and federally funded programs after being signed into law by President Lyndon Johnson.
• Established a federal framework to combat discrimination via the Attorney General, U.S. Commission on Civil Rights, and Equal Employment Opportunity Commission.
• Before 1964, "Jim Crow" laws enforced racial segregation in the South, such as separate facilities for African Americans.
• The Supreme Court's Brown v. Board of Education (1954) decision sparked the civil rights movement.
• Civil rights legislation in 1957 and 1960 faced Senate opposition and lacked strong enforcement.
• President Kennedy introduced the Civil Rights Act in June 1963 after the Birmingham police used violence against peaceful protestors.
• Following President Kennedy's assassination and President Johnson's efforts, Congress passed the bill.
• The Act paved the way for later legislation like the Voting Rights Act of 1965, the Fair Housing Act of 1968, and theADA.