4th, 8th or 14th
Prohibits state governments from denying persons within their jurisdiction the privileges or immunities of U.S. citizenship and Guarantees to every such person due process and equal protection of the laws.
What is the Fourteenth Amendment?
This case made it clearly established that a police officer may use deadly force to prevent the escape of a fleeing suspect only if the officer has a good-faith belief that the suspect is armed and poses a significant threat of death or serious physical injury to the officer or others.
Tennessee V. Garner (1985)
This immunity protects government officials from being sued for actions taken in the course of their official duties unless they violate a “clearly established” law.
What is qualified immunity?
This test, established in Saucier v. Katz, involves two questions:
whether a constitutional right was violated AND
whether that right was clearly established at the time of the violation.
This legal concept shields officers from liability unless their actions violate a right that was "clearly established" in the law at the time of the incident.
What is qualified immunity?
Two Parts, this Amendment is often referenced in police liability cases involving excessive force or cruel and unusual punishment while in this environment and condition.
What is the Eighth Amendment and in Post Conviction with confinement?
This immunity protects officials as long as their actions are in good faith discretionary and not grossly negligent, while this other immunity protects unless actions violated clearly established law that a reasonable officer would have know is unlawful.
Official Immunity in a State Case
vs
Qualified Immunity in a Federal Case.
Officers in state cases are often shielded by this form of immunity, protecting them from personal liability for actions performed in good faith.
What is official immunity?
Failure to Train as a "Policy or Custom"
Deliberate Indifference:
The "Pattern of Violations" Requirement:
The Canton Test (Canton v. Harris Standard)
Under O.C.G.A. § 17-4-20, police officers in Georgia are authorized to use this level of force when making an arrest.
What is reasonable force?
Which Amendment and which case test examines, the severity of the crime, threat to officers and others, suspect actively resisting, attempting to evade by flight.
What is the 4th Amendment and Graham V. Connor
In this case, the Supreme Court clarified that qualified immunity is available to officers in federal civil rights claims unless a constitutional violation is clearly established.
What is Saucier v. Katz?
This federal law allows individuals to file civil rights claims against law enforcement officers for constitutional violations, making them subject to liability.
What is 42 U.S.C. § 1983?
Two parts, this case created the rule that officers can only use deadly force against a suspect if the officer has probable cause to believe the suspect poses this.
What is Tennessee V. Garner
and
a significant threat of death or serious injury.
Latin for "from the beginning." It refers to a situation where a higher court reviews a case as though it were being heard for the first time, without relying on the lower court's decision.
De Novo
This amendment extends protections against due process violations and discrimination in police practices, especially concerning pretrial detainees or those subject to discriminatory treatment.
What is the Fourteenth Amendment
In this case, the Court ruled that municipalities can be held liable under Section 1983 for a failure to train or supervise officers in ways that lead to constitutional violations.
What is City of Canton v. Harris?
Two Part: This case brings us this test which checks the necessity of police pursuit and the threat of harm to public safety
What is Wilson Vs. City of Atlanta
and
the Established Balance Test
Two parts: These two cases are combined for a test for incidents that occur in this environment.
AND ... what's the Amendment?
The Graham and Whitley Combination tests (6 parts) the constitutionality of incidents that occur in confinement during pre-trial convictions.
AND.... the Fourteenth Amendment
A ruling by a judge that overturns the jury’s verdict, declaring that no reasonable jury could have reached such a conclusion, based on the law and evidence presented.
JNOV (Judgment Notwithstanding the Verdict)
Two part answers, when using this amendment we see Kingsley v. Hendrickson where we have this type of test or standard.
What the 14th Amendment,
What are the factors of Graham V. Connor.
Two parts: This Amendment test is also nicknamed the "Modified Whitley Five" as it looks for the need for the use of force, need and amount of force used, the extent of injury inflicted on the subject, the threat to staff and "subjects" and these (#5).
What is the 8th Amendment Test and the 5th prong being, what alternatives were there before force was used?
This case established that if you want to cross a threshold you need one of these (C. A. S. E.C.)
Payton V. New York 1980 ( Bright Line Case)
C.A.S.E.C.
Consent, Arrest, Search Warrant, Exigent Circumstances
A legal doctrine holding an employer or principal responsible for the actions of their employees or agents when those actions are performed within the scope of their employment or agency.
Respondeat Superior- (Master Slave Relationship)