Actual or potential exposure to litigation alleging an obligation or the condition of being responsible for a possible or actual loss.
Civil liability was said to be a _______________.
Management issue in both administrative and operational activities
1 An aggressive police liability management program______________.
Requires the input and cooperation of all employees in the organization
1 From a liability management perspective, low risk operational activities generally require the agency to provide_____________.
training sufficient to insure the competency of the officer in performing the task
T/F A strong discipline policy is important only to prevent criminal liability and has little or no importance in civil litigation.
Civil litigation against the police has____________________.
contributed to improving police policy and
professional standards in the law enforcement community
The ___________________________deals with the probability that there will be an injury, damage, or a loss associated with a particular activity
risk mamagement concept
In a negligence action filed against a police officer, the plaintiff must establish that the police officer owed the plaintiff____________________.
T/F The traditional duty rule required the police to respond to any demand from an individual member of the public requesting police protection or services.
Which statement regarding the Special Duty Rule is false?
A Special Duty Rule creates no additional potential liability for police
A breach of duty can be found in_______________________.
police actions (something done) and in police inactions (something that should have been done)
There are two kinds of causation in tort law.
Actual Cause and Proximate Cause
What kind of action is sufficient to satisfy the damage requirement in a tort case?
Speculative future damages
T/F In an intentional tort claim, the plaintiff must show the defendant intended the specific harm that occurred.
A police supervisor would not be liable for the intentional actions of his/her direct subordinates under what facts listed below?
the supervisor did not participate in the actions of the subordinates which were determined to be off duty and outside the scope of employment
Traditional sovereign immunity is based on the concept that the _____________.
King or State is never wrong
The development of state tort claim acts has improved the ability of _____________ to recover money damages against their state.
citizens of the state
The 11th Amendment of the United States Constitution prevents__________
private citizens from filing actions against a state for money damages in federal court.
T/F The 11th Amendment of the United States Constitution creates restrictions on private citizens winning actions against counties and municipalities for money damage in federal court.
As a general rule, police misconduct actions filed against state and local police in federal court are based on federal law (Section 1983) that was originally passed to specifically address__________.
The Supreme Court of the United States has interpreted the term “every person” in Section 1983 to exclude as possible defendants________________.
states and state officials in their official capacity
Municipalities and local governments can be liable under Section 1983 action if the conduct of the police officer___________________.
is attributable to an unconstitutional policy or custom approved by the policy maker
. The plaintiff’s strategy in police litigation is said to include finding a deep pocket, highlighting the facts beneficial to the plaintiff, stressing police agency deficiencies, and______________.
identifying a legal theory that permits a judgment
. T/F Federal agents can never be held accountable for violations of civil rights because federal agents work for the Federal government.
Failure to train claims filed by a plaintiff under Section 1983 are difficult to prove because the plaintiff must prove that the agency was__________________in training the officer in order to establish agency liability.
Discovery in a civil litigation matter is___________________.
wide ranging and broad in nature to facilitate the fact finding process in a civil case.
_____________________is the legal rule that states an employer is liable for the acts of the employee by the mere fact of the employment relationship.
. An indemnification statute will provide a public employee financial protection against_______________damages rendered in civil litigation against that employee.
A representation agreement contained in a statute or contract provides an officer a certain degree of protection in litigation matters by providing________________.
attorney representation in a case within the scope of employment
The “Under Color of Law” requirement in Section 1983 litigation is not satisfied when a person is acting as an ____________.
individual member of the general public
In order to win a civil litigation case, the plaintiff must establish what proof level?
preponderance of the evidence
It was suggested that there are four components in the risk management program. Which of the following is not one of the components?
assume the changes to reduce the risk exposure have worked
The responsibility for participation in a risk management program should be assigned to what rank in the police agency?
all employees (sworn and civilian)
T/F The need to maintain proficiency in police activity, for example qualifying with the service weapon on a regular basis, is an important in preparing for potential civil litigation.
One element in plaintiff’s litigation strategy is to stress police agency deficiencies. The purpose of that strategy is to ________________.
attribute the actions or inactions of the officer to the agency for purposes of finding a deep pocket.
T/F “Briefing a Case” is the process of reading and summarizing a court opinion. The activity provides a police agency the ability to review the impact of a court case on a current policy, practice and training. The practice should be delegated to the legal advisor for your department and the summaries reported to the rank and file once a year.
. In civil litigation, the actions of the defendant will be judged by what standard?
reasonable person standard
T/F Compliance with custom, policy and current law is always conclusive evidence as to the standard care that should have been exercised by the defendant in a civil case.
T/F A Good Samaritan Rule is often incorporated into state statutes and permits designated persons to render emergency care to others without fear of any potential litigation for their actions regardless of their intentional or wanton malpractice.
As a general rule, the following four defenses can be utilized by a defendant in a litigation case. Which of the four items, however, is not a strong defense for police in a civil case?