Police Civil Liability Trends

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Questions and Answers

What is ONE of the significant trends in police civil liability litigation since 1960?

Increase in the number of civil suits (correct)

Fewer judgments against police officers

Reduction in the number of civil suits

Decrease in successful litigations

Which of the following is NOT considered a common form of intentional tort against police?

Wrongful death

Defamation (correct)

Invasion of privacy

Assault and battery

What is the estimated percentage of officers that will be sued?

15 to 25% (correct)

5 to 10%

50 to 60%

30 to 40%

What must be established to claim false arrest?

That there was willful detention without authority Signup and view all the answers

What percentage of cases are typically settled outside of court?

25% Signup and view all the answers

Which factor is NOT associated with the negative effects of fears of civil liability?

Enhanced public trust Signup and view all the answers

What is identified as a frivolous lawsuit?

A lawsuit lacking an arguable basis in law Signup and view all the answers

What time frame can a civil liability case against police typically take from incident to final disposition?

3 to 10 years Signup and view all the answers

What must be established for a defendant to be held liable in a Section 1983 action?

The actions were taken under color of state law Signup and view all the answers

In which case did the Supreme Court define the concept of 'color of law'?

West v. Atkins 1988 Signup and view all the answers

What doctrine holds that police have no duty to protect the general public absent a special relationship?

Public Duty Doctrine Signup and view all the answers

Which case addressed the unreasonable seizure of individuals during an airport drug investigation?

Buffkins v. City of Omaha 1990 Signup and view all the answers

What duty do police have concerning individuals in their custody?

A duty of care to prevent harm Signup and view all the answers

What concept is described by the government being liable for a third party’s victimization due to custody over the plaintiff?

Special Relationship Doctrine Signup and view all the answers

What is the primary obstacle to negligence claims against the police for failure to arrest a drunk driver?

Sovereign immunity Signup and view all the answers

Which legal aspect of police duty requires them to secure accident scenes?

Duty to investigate Signup and view all the answers

What must a plaintiff prove in a negligence lawsuit against the police besides a special relationship?

A breach of that special duty Signup and view all the answers

Which case highlighted the need for police assurance of protection to be enforceable?

White v. Rockford Signup and view all the answers

What principle limits recovery for self-inflicted injury or suicide in the context of police duty?

General Duty of Care Signup and view all the answers

What is a common limitation regarding police conduct in cases involving mental health and suicides?

Contributory negligence may be ruled non-applicable Signup and view all the answers

In what situation could police liability be heightened due to their failure to act?

When promises of protection are made and not kept Signup and view all the answers

Study Notes

Trends in Police Civil Liability Litigation

Civil suits against police have dramatically increased since the 1960s.
Successful litigations against police have become more common.
Many judgments are awarded against police officers, even when they have clean records.

Negative Effects and Fears of Civil Liability

Civil liability concerns can lower officer morale.
There can be an erosion of commitment to policing due to fear of lawsuits.
Officers may feel alienated from the public, affecting community relations.
Creates barriers to understanding complex policing issues reflectively.

Time Frame for Civil Liability Cases

Cases can take between 3 to 10 years from the incident to reach a final resolution.

Direct Verdict or Judgment of Law

This is granted only when there is no evidence to support the jury's verdict.

Civil Litigation Risk Percentage

Roughly 0.1% of all police encounters with suspects may lead to civil litigation.

Elements of Negligence

A legal duty exists.
There is a breach of that duty.
Proximate cause links the breach to the injury.
Actual damage or injury must be proven.

Common Forms of Intentional Torts Against Police

Wrongful death claims.
Assault and battery allegations.
Charges of false arrest.
Invasion of privacy suits.
Claims of intentional emotional distress.

Criteria for False Arrest Claims

Police must have willfully detained the individual.
Detention must be against the individual’s will.
Must have occurred without proper authority.
The individual must be aware of their confinement.

Invasion of Privacy Factors

Involves intrusion into private matters.
The intrusion must be highly offensive.
The individual harbors a legitimate expectation of privacy.

Likelihood of Lawsuits Against Officers

Estimates suggest that 15% to 25% of officers may face lawsuits.

Definition of Frivolous Lawsuits

A lawsuit is deemed frivolous if it lacks a legal or factual basis.

Unrealistic Fears Among Law Enforcement

Officers fearing liability may become overly timid and indecisive, affecting their actions in arrests or searches.

Percentage of Lost Lawsuits

The percentage of lawsuits that are lost by police ranges between 4% and 8%.

Settlements Outside of Court

Approximately 25% of cases are resolved through settlements outside of the courtroom.

Legal Accountability in Police Pursuits

Per Justice Marksman, parties fleeing police can be held liable if they cause injury to innocent individuals.

Summary Judgment Motion

Defendants can file this motion when a plaintiff's case cannot possibly support a jury's consideration.

Acting Under Color of Law

Section 1983 actions require actors to be under "color of state law" for liability in constitutional violations.
Defined in West v. Atkins (1988).

Key Cases on Warrantless Search and Seizure

Terry v. Ohio (1968) - Stop and frisk.
Carroll v. US (1925) - Search of vehicle with probable cause.
Horton v. California (1990) - Plain view or open fields doctrine.
Maryland v. Buie (1990) - Protective sweeps.
Michigan v. Summers (1981) - Temporary detention during search warrant execution.

Courts' View on Police Operations

Courts are suspicious of aggressive police tactics, despite police perceptions of drug suspects as dangerous.

Confiscation of Property

In Hernandez v. Maxwell (1990), police must return money found during searches if no drugs are involved and provide a receipt.

Buffkins v. City of Omaha (1990)

Officers acted unlawfully when detaining individuals without reasonable suspicion based on unverified tips.

Public Duty Doctrine

Police generally do not have a duty to protect the public against harm unless a "special relationship" exists.

Special Relationship Doctrine

Can hold the state liable for third-party victimization when the state has custody of the victim.

Abandonment Cases and Qualified Immunity

Police often win abandonment cases due to qualified immunity.

White v. Rockford

Police were liable for leaving children unattended on the roadside after arresting their caretaker.

Assurance of Police Protection

Liability may arise if police make promises of protection but fail to fulfill them, impacting victims' subsequent safety decisions.

Four Zones of Negligence

Justifications for pursuit.
Vehicle operation by police.
Circumstantial factors during operations.
External factors influencing outcomes.

Contributory Negligence

A plaintiff's actions contributing to their injury can bar recovery against police, often reflecting statutory violations.

Barriers to Negligence Claims

Sovereign immunity and the distinction between ministerial and discretionary functions hinder negligence claims regarding police failure to arrest.

Special Relationships Factors

Considers intent of legislation and circumstances of the incident to establish potential government liability.

Legal Aspects of Police Duty

Duties include warning and protecting, rendering assistance, investigating traffic accidents, and securing accident scenes.

Special Duty of Care

Courts recognize police have a duty of care to individuals in their custody, extending beyond incarceration to other custodial situations.

General Duty of Care

Rarely results in liability for self-inflicted injuries since these are often seen as intentional acts.

Foreseeability of Suicide

Courts consider whether police could reasonably anticipate that an injury would occur due to their actions or inactions, influenced by various factors.

Establishing Breach of Duty

Plaintiffs must show a breach of the special duty on a case-by-case basis to succeed in negligence lawsuits.

Police Supervision Responsibilities

Courts vary on the required standard of care for detainees, with some necessitating constant supervision based on detainee conditions.

Contributory Negligence in Suicides

Courts have ruled against contributory negligence, indicating officers had a duty to prevent suicides, particularly in cases involving mental illness.

Qualified Immunity Trends

As legal principles become clearer, fewer officers will achieve qualified immunity for misconduct.

Courts' Role in Change

Courts typically reflect societal changes in policing and civil liability rather than leading them, adhering to the "reasonable and prudent" standard.

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Description

Explore significant trends in police civil liability litigation since the 1960s. This quiz covers aspects such as intentional torts, the likelihood of officers being sued, and the outcomes of these lawsuits. Test your knowledge on the legal concepts surrounding police accountability.