until they see your eyeballs, you are not a... - person
what wins a case in court? - was it reasonable? was it justifiable (can you articulate?)? was it defensible?
Elements of the Negligence Triangle - 1. Who was injured?
2. Who's Responsible?
3. Money?
What is necessary for a criminal conviction? - Beyond a reasonable doubt
What is necessary for a civil conviction? - preponderance of evidence (50% plus one piece of evidence)
What are the levels of liability? - Negligence (wrongdoing); gross negligence (knowledge of wrongdoing);
deliberate indifference (foreseeability); conduct that shocks the conscience
Thurman v. Torrington - Tracy had threats on her Life by estranged husband, had restraining order, but it
was ignored. Was stabbed 13 times but survived, she sued the city for failure to provide protection for
abused wives and children of domestic violence. The court agreed.
Plaintiff's 5-front attack - 1. Facts of the case
2. Policy
3. Training
4. Supervision
5. Discipline
Is an absence of policy negligent? - HELL YES
Per Canton vs. Harris, officers should receive training and information for... - foreseeable activities
,What are the two types of policies? - Need to know, need to reference
TN Gov't Tort Liability Act - 1. Removal of immunity for injury from the unsafe operation of the motor
vehicle
2. Removal of immunity for injury from an unsafe street alley, sidewalk, and/or traffic control device
3. Removal of immunity for injury from dangerous structures
4. Removal of immunity for injury caused by the negligent act of omission of employee
What is liability for negligence based on? - 1. duty to act
2. breaching that duty
3. your breach of duty was a proximate cause of the injury
4. an actual injury or property damage did occur
`Protection of the Public Duty Doctrine (Special relationships) - 1. malicious, intentional, criminal
2. failure to act
3. state law of duty if elements are meant (domestic)
Personal Protections - 1. individual protected against loss "for damages for which the immunity of the
governmental entity is removed"
2. individual also protected by the statutory limits since 1987
3. punitive damages are excluded by TN Supreme Ct in 1978 Tipton Co. v. Dennis
Who may bring suit? - ANYONE
Who may be a defendant? - any person operation under the color of law
Monroe v Pape - Can sue gov't employee; public entity is not a person
, Monell v NYC - expanded person to agency, entity
Limits to civil rights cases - None; award set by Court with Unlimited exposure
Section 1988 - with judgement in favor of plaintiff, the defendant local gov't agency may be required by
court to pay plaintiff's reasonable attorney fees
Punitive damages - personal penalty against the individual
Where are civil rights suits usually taken? - Federal court, but may be filed in state court
What is liability of other officers present when a civil right violation takes place? - you share equally
What accounts for 78.8% of all officer deaths? - Shot, crashes, struck by vehicle
Why is written policy important? - it is the individual's best protection against liability - "qualified
immunity"
Top 3 causes for worker's comp claims for police? - 1. slip, trip, fall
2. injured in/by motor vehicle
3. assault/violence
Top 3 allegations causing police liability claims - 1. use of excessive force
2. false arrest/imprisonment
3. unconstitutional search & seizure
What was redefined in Haynes vs. Hamilton County? - law enforcement is liable if they are negligent and
cause injury
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