Term
| True/False: Officers have immunity from criminal charges while on duty under the "Good Faith" exception. |
|
Definition
|
|
Term
| True/False: Officers have immunity from civil liability while on duty under the "Good Faith" exception. |
|
Definition
|
|
Term
| In addition to possible civil and criminal consequences in the courtroom, and officer may also face what if departmental policy is violated? |
|
Definition
|
|
Term
|
Definition
| The responsibility which an officer must bear for damages or injuries with the officer has caused another person to suffer |
|
|
Term
|
Definition
| A civil wrong, other than a breach of contract, for which the court will provide a remedy in the form of an action for damages |
|
|
Term
|
Definition
| The person who files or initiates the lawsuit |
|
|
Term
| What does it mean if an officer is said to be negligent? |
|
Definition
| The officer failed to do what a reasonable officer would be expected to do under the circumstances |
|
|
Term
| What 3 things are needed to prove negligence? |
|
Definition
-
Did the officer owe a duty to the plaintiff
-
Did the officer breach that duty
-
Did the negligence cause injury or damage
|
|
|
Term
| Who determines the "existence of a duty" to prove negligence? |
|
Definition
|
|
Term
| In a jury trial, who determines whether the officer breached his/her duty to the plaintiff? |
|
Definition
|
|
Term
| True/False: If the plaintiff succeeds in a negligence lawsuit, the recovery is limited to actual (compensatory) damages. |
|
Definition
|
|
Term
| True/False: With Intentional Torts/Willful Misconduct, the plaintiff is saying that the officer intentionally caused the plaintiff's injury. |
|
Definition
|
|
Term
| What is the distinction between intentional torts and negligence? |
|
Definition
| The degree of knowledge that harm will result |
|
|
Term
| Give a couple of examples of intentional torts that might involve police activity. |
|
Definition
- Assault and Battery
- False arrest and Imprisonment
- Malicious Prosecution
|
|
|
Term
| In order to prove False Imprisonment, what is required? |
|
Definition
| Proof that the plaintiff was restrained by the defendant, and that the restraint was intentional and unlawful |
|
|
Term
| In the context of Malicious prosecution, what does Malice mean? |
|
Definition
| The intentional doing of a wrongful act without just cause or excuse |
|
|
Term
| Why are "Punitive Damages" awarded in cases involving intentional tort or willful misconduct? |
|
Definition
| To discourage such conduct by the officer, or other officers, in the future |
|
|
Term
| The S.C. Tort Claims Act was passed by the legislature in what year? |
|
Definition
|
|
Term
| True/False: The S.C. Tort Claims Act, passed in 1986, allows the State to assume responsibility for the work-related negligent actions of State employees. |
|
Definition
|
|
Term
| For lawsuits under 42 U.S.C. 1983, more commonly referred to as Section 1983 lawsuits, the plaintiff is required to show what 2 things? |
|
Definition
|
|
Term
| True/False: Section 1983 lawsuits can only be brought against someone acting under authority of law. |
|
Definition
|
|
Term
| True/False: Negligence lawsuits, and lawsuits based on intentional torts or willful misconduct can be brought against anyone, including private citizens. |
|
Definition
|
|
Term
| Briefly explain the concept of Municipal Liability. |
|
Definition
| Also called "Deep Pockets" theory of liability, the concept allows a plaintiff to go where the greatest assets to satisfy a judgement are located - local governement treasury |
|
|
Term
| Municipal liability is sometimes called what? |
|
Definition
| "Deep Pockets" theory of liability |
|
|
Term
| In a direct liability lawsuit, who is being sued and who is the defendant? |
|
Definition
| The officer who caused the injury or harm directly |
|
|
Term
| A border principle of liability which allows the court to impose legal responsibilty on a superior officer or an agency not directly at fault for the plaintiff's injury is known as what? |
|
Definition
|
|
Term
| True/False: Vicarious liability is sometimes considered to be a form of direct liability. |
|
Definition
|
|
Term
| Unlike indirect liability, with vicarious liability, in order to collect damages for this type of defendant, the plaintiff must show what? |
|
Definition
| An affirmative link between the supervisor's conduct and the officer's actions |
|
|
Term
| Provide a couple of examples of some frequently alleged theories of vicarious liability. |
|
Definition
-
Failure to train
-
Failure to Supervise
-
Failure to Discipline
|
|
|
Term
| Absolute Immunity protects who? |
|
Definition
| Certain individuals from liability in performing their official duties |
|
|
Term
| True/False: Judges and legislators do have absolute immunity. |
|
Definition
|
|
Term
| Sovereign Immunity protects who? |
|
Definition
|
|
Term
| Qualified Immunity protects who? |
|
Definition
| Law enforcement officers, to the extent that the courts will not require officers to guess at future developments in the law and suffer monetary loss if they guess incorrectly |
|
|
Term
| True/False: Qualified immunity is a defense that can be asserted by an individual officer before the lawsuit has been filed. |
|
Definition
|
|
Term
| Qualified Immunity is sometimes called what?q |
|
Definition
|
|
Term
| Name the 4 reasons for which an officer may use force. |
|
Definition
- Effect an arrest
- Prevent an escape
- Self-Defense
- Protection of other officers and the general public
|
|
|
Term
| In the 1989 case, Graham v. Connor, the U.S. Supreme Court stated that all claims that law enforcement officers used excessive force - deadly or not - are properly analyzed under what? |
|
Definition
| The Fourth Amendment "objective reasonableness" standard |
|
|
Term
| Officers are allowed to use force for what 2 general purposes? |
|
Definition
|
|
Term
| Relating to purposes of force: Defense involves what? and Control involves what? |
|
Definition
|
|
Term
| What 3 factors are considered in evaluating the officer's use of force? |
|
Definition
-
Severity of the crime committed
-
Whether the suspect posed an immediate threat to the safety of the officer or others
-
Whether the suspect actively resisted arrest or attempted to evade arrest by flight
|
|
|
Term
| Positional asphyxia relates to a situation when what? |
|
Definition
| The position of the body interferes with respiration resulting in asphyxia |
|
|
Term
| True/False: Positional asphyxia can be deadly and officers need to be able recognize and understand it. |
|
Definition
|
|
Term
| In Tennesse v. Garner, what was the significant ruling of the U.S. Supreme Court? |
|
Definition
| The common law fleeing felon rule was no longer constitutional and must be changed |
|
|
Term
| True/False: The "fleeing felon" rule, after the Garner case, allows officers to use deadly force to apprehend fleeing suspects with out probabl cause. |
|
Definition
|
|
Term
| After the Garner case, if an officer has probable cause to believe that a suspect poses a significant threat of death or serious physical injury to the officer or others, may the officer use deadly force? |
|
Definition
| In that event, yes, if necessary |
|
|
Term
| What are the 3 factors to be considered when an officer uses deadly force in a self-defense situation? |
|
Definition
- Ability
- Opportunity
- Jeopardy
|
|
|
Term
| What amendment would be used to determine whether or not a roadblock is constitutional? |
|
Definition
|
|
Term
| What did the case, City of Cranton, Ohio v. Harris, say about municipal liability for failure to train? |
|
Definition
| The municipality can be held liable based on a policy of inadequate training whre the municipality knew or should have known that training was inadequate and it was in an area where the lack of such training would show a deliberate indifference of the municipality to the rights of people who come into contact with officers employed by the municipality |
|
|
Term
| Law enforcement agencies authorized to use emergency vehicles shall use the regulations developed by who, in order to provide written guidelines and trainin programs for its officers? |
|
Definition
| S.C. Criminal Justice Academy |
|
|
Term
| True/False: The provisions set forth under S.C. Code 56-5-760 relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all others. |
|
Definition
|
|
