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Flashcards in Civil Liability Deck (18):
1

What circuit is CT?

2nd circuit

2

Which courts create binding laws?

US supreme court
CT supreme/State appellate
Circuit courts

3

Qualified immunity

If you get advice from a competent attorney in a specialized area you will be entitled to qualified immunity

4

Test for qualified immunity

Complete facts
Get advice directly related to you question
Act promptly
The attorney is competent in that area

5

Pursuit defined

A pursuit occurs when you believe the person knows you are there and maintains or increases speed

6

Things to consider with pursuit

Weather
Give radio descriptions
Whats the offense
Road (what kind of road)
Time of day
Traffic
Population density

7

1981 Equal protection

If you discriminate against someone

8

1983 Civil rights violation

Violate someones civil rights while working under color of law

9

1985 Conspiracy

Plan to violate someones rights

10

1986 Non Actor

Failure to intervene

11

1988 Attorney award fee act

Attorney makes a ton of money for winning these cases

12

18 U.S.C. SS 241

Conspiracy to violate civil rights

13

18 U.S.C. SS 242

Actually violating someones civil rights (can be criminally charged)

14

2 part test for civil rights violations

Notice- Where you aware of the violation
Opportunity- Did you have the ability to stop the violation

15

Test for reasonable use of force

Severity of underlying offense
Immediate harm to police or others
Resistance or Escape

16

Are officers allowed to make mistakes?

YES only if REASONABLE

17

Indemnification

Officers will be protected from personal liability unless your actions are:
-Willful and wanton leading to punitive damage award
-Outside the scope of duty
-Libel(written) or slander(spoken

18

Probable cause issues

Try to avoid arrests in marginal PC cases
2 part test:
-How serious or dangerous is the underlying offense
-Can i relocate suspect