Challenges for All - Load Up Here

Question 1

What amendment use for LEO car crash or violent arrest?

Answer 1

CHALLENGE
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EXCESSIVE FORCE – BATTERY/SEIZURE, 4TH AMENDMENT
A. Protection.
1) 4th amend = s&s
2) Shooting, crash.
B. Stop w/ Qualified. Discretionary, clearly estab rt (4th A)
C.

Question 2

What amendment use for no crash?

Answer 2

14th Amend + 1983.
Intentional Infliction of Emotional Distress

Question 3

Lay out the 3 step analysis for a 4th amendment LEO Battery + False Arrest.

Answer 3

Analysis.

1. Issue LEO = reas.
2. Std. Obj reas in-the-moment.
3. Key: Arrest permits physical.

Question 4

List the 5 LEOs for essays.

Answer 4

A) 14th =
(1) pro dp - adeq procedures to deprive life, lib or prop.
(2) subs dp - interfering w/ fundamtl rts & outrageous conduct ~iied, no crash
(3) Equal Pro - treat similarly situated
(4) Bill of Rts, first 10 amendmts -
— a — 1st
— b — 4th obj, reas ~crash, battery, false arrest
—
B) 1983 = custom/policy indiff to const rts ~train/hire

Question 5

Can an individual be liab under 42 USC 1983?

Answer 5

Yes when actions under color of law deprive another of a federal rt protected by 1983.