The book study guide.docx

**[The book study guide ]** 1. 3 trends in police civil liability litigation - Sharp increase in the number of civil suits since 1960 - Increase in successful litigations - Significant number of judgments against police despite good records 2. List the negative effects, fears of civil l...

**[The book study guide ]** 1. 3 trends in police civil liability litigation - Sharp increase in the number of civil suits since 1960 - Increase in successful litigations - Significant number of judgments against police despite good records 2. List the negative effects, fears of civil liability - **M**orale - **E**rosion - **A**lienation from public - **B**arriers to reflective understanding of complex issues 3. Time frame of a civil liability case against police - 3 to 10 years from time of incident to final disposition 4. Direct Verdict or Judgement of Law is only granted when... - Complete lack of evidence supporting the jury's verdict 5. Percentage of all police encounters between police and persons suspected of crime could result in civil litigation - 1/10^th^ of 1% 6. 4 elements to establish a case of negligence \- A legal duty \- A breach of duty \- Proximate cause \- Actual damage or injury 7. Most common forms of "intentional Torts" against police - Wrongful death - Assault and battery - False arrest - Invasion of privacy - Intentional distress 8. Claiming false arrest must establish... - Police Willfully detained them - Detention was against their will - Was made without authority - Was aware of confinement 9. Invasion of privacy consists of - Intrusion - Highly offensive - A legitimate expectation of privacy existed 10. It is estimated to the 15 to 25% of Officers will be... -sued 11. A lawsuit is Frivolous if... - It lacks an arguable basis in law or fact. 12. LE Officers who have an unrealistic or exaggerated fear of personal liability may become... - - overly timid / indecisive / fail to arrest or search 13. Percentage of lost suits was only... -4 to 8 percent 14. What percentage of cases are settled outside of court... -25 Percent 15. Justice Marksman of Michigan Supreme Court stated the fleeing party in a police pursuit... \-\--shall be liable if an innocent person is hurt. 16. **Motion for summary judgment by defendant**- argues that the facts of the plaintiff's case as stated cannot possibly merit a jury's consideration. 17. Acting under Color of Law- in Section 1983 action must be acting under "color of state law" to be held liable for constitutional violations. Color of Law was defined by the Supreme Court in West v. Atkins 1988. 18. List of cases on warrantless Search and Seizure Stop and Frisk **Terry v. Ohio 1968** Search of Car based on **PC Carroll v. US 1925** Plain view or open fields **Horton v. California 1990** Protective sweeps **Maryland v. Buie 1990** Probationers residence with **RS 2001** Suspicionless DUI checkpoints **Michigan Dept. of State Police v. Sitz 1990** Temporary detention of suspect without arrest warrant to prevent escape while executing a search warrant **Michigan v. Summers 1981** Border searches based on **RS US v. Ramsey 1977** Need warrant before drug house **Payton v. NY 1980** 19. While police view **drug suspects as dangerous**, courts view **aggressive police tactical operations with suspicion.** 20. Confiscation of Property Hernandez v. Maxwell 1990 - All money found during search without drugs, should not be taken. If taken, should give receipt and returned if charges are dropped. 21. **Buffkins v. City of Omaha 1990**- Info about drugs coming in on a plane by a black person or persons. **Two female blacks** confronted coming off the plane and **taken to a back room to** **be interviewed** even though they objected. Courts found taking them to the back room to be investigated without their consent was a seizure. Said officers did not have reasonable suspicion based on a tip that they **did not investigate and develop independent knowledge** of a possible crime or verify the reliability of the information. 22. Governmental Liability for 3rd party Criminal Victimization- Public Duty Doctrine holds that police have no duty to protect the general public from harm, absent a **"special relationship".** 23. Under Special Relationship Doctrine, the state can be held liable for a third party's victimization where the state has custody over the plaintiff. Takes custody of somebody against their will. 24. Abandoning Vehicle Occupants and Qualified Immunity- Police have usually prevailed in abandonment cases because of qualified immunity. 25. White v Rockford- Police held liable for arresting caretaker and leaving children on side of the road. 26. Assurances of Police Protection- PD and City could be held liable for their failure to protect the victim of third-party violence when they render assurances of protection or make promises to protect and later fail to implement. This is especially the case when a plaintiff takes action or refrains from action based on these assurances and there is a heightened risk to personal safety. 27. Four Zones of Negligence- -Justifications for pursuit -Actual vehicle operation -Circumstances of operation -External factors. 28. Contributory negligence- If plaintiff conduct contributed to the injury or damage, recovery is barred aka can't collect against police. Often takes the form of statutory violations. 29. Two barriers to negligence claims against the police for failure to arrest drunk driver; **sovereign immunity** and **ministerial/discretionary distinction.** 30. Special Relationships- Lacks precise legal definition but implies the presence of factors that transcend the usual police-public relationship. Looks at factors; 1\. The intent of state legislation to create a duty particular to a class of individuals. 2\. The specific circumstances surrounding the incident and the behaviors of the parties involved. Both could make for potential government liability. 31. Four legal aspects of police duty; Duty to warn and protect, Duty to render assistance, Duty to investigate traffic accidents, Duty to secure accident scenes. 32. Four legal aspects of police duty: Duty to **warn and protect** Duty to **render assistance** Duty to **investigate traffic accidents** Duty to **secure accident scenes.** 33. Special Duty of Care- State courts recognizes LE have a duty to care to persons in their custody. - Not only incarcerated but police owe the same duty of care to persons in their physical custody outside a jail setting. 34. General Duty of Care SELDOM results in liability for self-inflicted injury or suicide because these acts are normally considered intentional. 35. **Foreseeability of Suicide-** Reasonable anticipation that injury or damage may occur as a result of an act or omission. Depends on a combination of factors. 36. **Police Conduct and Breach of Duty**- Along with establishing a relationship of special duty, a plaintiff in a negligence lawsuit must prove a breach of that special duty on a case by case basis. 37. Police Supervision- Several cases in regards to reasonable care for detainee. One said reasonable care does not require 24 hour supervision others require more from police and jail staff. Some states require LE to provide constant supervision for detainees exhibiting emotional or physical conditions that could result in harm self and others. 38. Contributory negligence has been ruled against in several cases. Saying special cases, officers had duty to prevent the suicides. Usually with mental illness cases. 39. **As more principles of law become clearly established**, **few officers will be granted qualified immunity for misconduct.** 40. Courts are NOT the leaders of change in either police or civil liability, instead they are the followers of change. Courts usually cling to the common law notion of "the reasonable and prudent". If PD behavior is "reasonable and prudent" if it is a commonly accepted practice. 41. 42.