CONSTITUTIONAL LAW

PEACE OFFICER LIABILITY

1.

a.

1) Compensatory – to make right the injury

2) Punitive – to punish the person who caused injury

b.

1) Compensatory – department/city/insurance

2) Punitive – officer

c.

Insurance companies cannot and will not pay punitive damages.

d.

1) Intentional – intended injury, compensatory and punitive damages available.

2) Negligent – unintended injury, compensatory damages available

e.

1) Negligent torts – preponderance of evidence that actions were justified

2) Intentional torts – preponderance of evidence that actions were justified

3) Constitutional – Actions were reasonable, in good faith

4) Criminal action – no specific intent to deprive of rights

f.

Ignorance of the law cannot establish good faith unless a reasonable well-trained officer would not know requirements of the law

g.

None

2.

a. All of the following provide a basis for liability of a police officer:

Excessive use of force

b.

False arrest

c.

False imprisonment

d.

Negligent use of a firearm

e.

Negligent use of a motor vehicle

f.

Roadblock

3.

a. Do not act in a punitive manner

b. Always follow constitutional and statutory guidelines

c. Follow department policies

d. Document things