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