chapter 14-criminal procedure

harlow v. Fitzgerald 1982

Governement officials performing discretionary functions are shielded from liability for civil damages as as long as their conduct doesnot violate clearly established stautory or constitutional rights of which a reasonable person whould have known

groh v. Ramirez 2004

An officer is not entitled to qualified immunity if it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted

Brosseau v. Haugen 2004

Because the focus is on whether the officer had fair notice that her conduct was unlawful reasonableness is judged against the backdrop of the law at the time of the conduct. If the law at theat time did not clearly establish that the officers conduct would violate the Constitution, the officer should not be subject to liability, or indeed, even the burdens of litigation

Town of Castle Rock v. Gonzales 2005

The wrongful failure by the police to arrest a husband who violated a domestic relations court restraining order did not amount to a violation of a constitutional right under the 14th amendment due process clause and therefore does not result in liability under section 1983

scott v. harris 2007

A police officers attempt to terminate a dangerous high speed car chase that threatens the lives of innocent bystanders does not violate the 4th amendment even when it places the fleeing motorist at risk of serious injury or death

section 1983 case

a lawsuit filed under federal law that seeks damages from a police officer, supervisor and /or dept.

acting under color of law

officer using power possessed by virtue of law

under color of law

when the officer uses power possessed by virtue of law and made possible only because the officer is clothed with the authority of the state

qualified immunity defense

an office is not civilly liable unless he or she violated a clearly established statutory or constitutional right of which a reasonable person would have known

clearly established constitutional right

a right so established that a reasonable police officer would have known his or her act was unlawful

probable cause defense

a reasonable good faith belief in the legality of the action taken

tort

a civil wrong in which the action of one person causes injury to the person or property of another, in violation of a legal duty imposed by law

intentional tort

occurs when there is an intention on the part of the officer to bring some physical harm or mental coercion upon another person

false arrest

when the officer makes an illegal arrest

false imprisonment

when a person is placed in confinement without any valid reason

assault

the attempt or threat to inflict bodily harm on another person

battery

the intentional infliction of harmful or offensive bodily contact

reasonable force

force that a prudent and cautious person would use if expsed to similar circumstances

punitive force

force that is meant to punish rather than control

deadly force

force that when used, would lead a reasonable officer objectively to concule that it poses a high risk of death or serious injury

wrongful death

when death occurs as a result of an oficers unlawful action or inaction

negligence tort

a tort that occurs when there is a breach of a common law or stautory duty to act reasonably toward those who may foreseeably be harmed by ones conduct

public duty doctrine

government fuctions are owed to the general public but not to specific indiviuduals, thus there is generally no liablility for failing to protect a member of the public

special relationship

if a duty is owed to a particular person rather than to the general public, then a police officer or agency that breeches that duty can be held liable

official immunity

a defense in state tort cases if an act is discretionary done in good faith, and the officer was acting within the scope of authority

discretionary act

an act that involves personal deliberation, decision, and judgment

good faith

when an officer acts in the honest belief that the action taken or the decision was appropriate under the circumstances

acting within the scope of authority

when the officer is discharging the duties generally assigned

idemnification

compensation for incurred hurt, loss or damage

deliberate indifference

no fixed definition, generally a higher form of negligence than "mere indifference" but lower than conduct that shocks the conscience

deep pockets theory

officers generally have limited financial resources but he city, county, or municipality has deeper pockets of funds

municipal policy

a statement, ordinance, regulation or decision that is officially adopted and promulgated by governmental authorities

municipal custom

a persistent widespread practice that is so common or well settled as to constitute municipal policy

section 1983

a section 1983 case is a case usually filed in federal court in which the plaintiff seeks monetary damages and/or an injunction form a government official, hwo while acting whitin the scope of authority, violated the plaintiff's constitutional rights or a right given by federal law

what are the 2 requirements for a section 1983 lawsuit to succedd?

1) the defendant must have been acting under color of law and 2) ther emust have been a violation of a constitutional right or a right given by federal law

qualified immunity defense. An officer is not civillay liable unless?

he or she violated a clearly established stautory or constitutional right of which a reasonable person would have known

when does section 1983 not apply?

if the right violated was given by state law or agency police, not by federal law

tort is a civil wrong in which the action?

of one person causes injury to the person or property of another in violation of a legal duty imposed by law

types of state tort cases

1) intentional tort and 2) negligence tort

intentional tort occurs when there is an intention ?

on the part of the officer to bring some physical harm to or mental coercion upon another person

negligence tort occurs when there is a breach of?

a common law or stautory duty to act reasonably toward those who may foreseeably be harmed by ones' conduct

when does negligence tort not apply?

there is no liablility under negligence tort for failing to protect a member of the public because the officer is protected by the public duty doctrine.

public duty doctrine means that government functions are owed to?

the general public but not to specific indidviduals. special realationship is an important exception to the public duty doctrine. it means there may be liability in negligence cases if a duty is owed to a particular person rather than to the general public

defense often used in state tortcases

official immunity means that the officer is not liable if performing a discretionary duty in good faith and is acting within the scope of authority, is the most common defense in state tort cases

when defendants are liable

1) a police officer is liable when what happened can be blamed solely on the officer and non nobody else 2) a supervisor is liable when the supervisor is involved in the act or when what happened can be linked ot one or all of the seven areas of supervisor negligence 3) a city or county is liable when what happened was the result of policy or custom

there are other possible consequences of police misconduct, including the following

1)prosection under federal and state laws 2) administratiave investigations and punishment 3) exclusion of evidence illegally seized (the exclusionary rule) 4) loss of law enforcement license