Torts
Officer engages in VOLANTARY act with substantial likelihood of resulting in injury to another.
What is intentional tort
What case law allows citizens to sue for civil rights violations?
What is Federal Liability (section 1983)
Plaintiff must show existence of duty of care and breach of duty/must also prove officers conduct was proximate cause of injury or damage?
What is Proximate cause
Involves officers duty to recognize and uphold constitutional rights
(Hint: there are 2 torts)
What is Constitutional tort
What extended section 1983 to police misconduct?
What is Monroe v. Pape (1961)
Police have no duty to protect the general public from harm, absent a special relationship
What is Duty of care doctrine
True or false: Most torts are filed in state courts?
True.
What is the municipal liability under section 1983 when there is an injury from a official policy, custom, or practice?
What is Monell v. Dept. of Social Services (1978)
What case law relates to the Duty of care doctrine?
True or false: Municipal governments are protected?
False
True
Let the decision stand = ___ ___
What is Stare Decisis
True or false: Frivolous lawsuits against officers are rare?
True.
Monell requires an unconstitutional action result from an official policy, custom, or failure to train for municipal liabilty under section 1983
____ _____ Is employer liability for employee acts
What is Respondeat Superior