Civil Rights Final

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  1. purpose of Section 1983
    private citizens can sue a government actor and receive damages for violation of their constitutional
  2. rough definition of section 1983
    Every person within the jurisdiction of the US who deprives another person of their rights is liable to the party injured
  3. Why its difficult to prove that a municipality is liable
    • -show that the action is unconstitutional and in the written policy
    • -hard to prove because state policies are clean cut like the constitution itself, rarely any constitutional errors
    • -plaintiff can argue that patterns of unconstitutional behavior is an informal policy
  4. Significance of LA vs. Lyons
    a personal harmed by an illegal gov. action cannot sue for an injuction to halt the practice unless the individual can show that they will likely be subjected to suffer that injury again
  5. what is the 8th amendment
    excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted
  6. narrow interpretation applied to the 8th amendment
    no cruel or unusual punishment is applied to the sentencing phase only
  7. broad interpretation of the 8th amendment
    evolving standards of decency- applies to the sentencing, conditions of confinement and affirmative obligations
  8. Affirmative obligations
    • officials must provide humane conditions of confinement
    • adequate food ,clothing, shelter, and medical care
    • take reasonable measures to guarantee inmate safety
  9. legal test to determine whether state official has violated the 8th amendment
    • objective:is there a substantial risk of serious harm
    • subjective: the official must have acted with deliberate indifference to that substantial harm
  10. deliberate indifference
    officer has the knowledge and drew the inference and still did nothing to prevent the harm
  11. applications of deliberate difference
    • hutto case: prisoners afraid of being raped so they...but officials could not know beforehand when these attacks would happen
    • rengolan: rangolan helped convict king..they were placed in the same place even though institution computer said that they should be housed separately...officer was helped liable even though he didn't know...constructive notice
  12. difference between types of claims
    • denial of medical care: inmate has given notice, usually surveillance and obvious
    • inmate on inmate violence:could be without notice, hard to prove 1st prong
    • guard in inmate sexual assault: easiest to prove, knowledge is there
    • Guard on inmate violence: hard to prove, violence is necessary at times
  13. 8th amendment and solitary confinement
    • solitary confinement is cruel but usual 
    • very few successful cases that prove that solitary violates the 8th amendment
    • mostly cases focusing on mental health and long-term stays
    • ex: ashker vs. gov. cali- long term stays proven to be unconstitutional(supermax prison)
  14. legal tests that govern the use of force(just list)
    • common law
    • garner test
    • graham test
  15. common law
    • very permissible and flexible
    • an officer may use all necessary force, including deadly force, to apprehend a fleeing felon
  16. Garner test
    • increased liability and less permissive
    • 1. did officer have probable cause to believe suspect posed an immediate threat of serious harm
    • 2. was deadly force necessary to prevent escape
    • 3. did the officer give the suspect some warning
  17. Graham
    • to determine if force is subject to a a non-exhaustive list of factors( severity of crime, suspect poses an immediate threat to safety of others, actively resisting arrest or attempting to evade arrest by flight)
    • determining if force is reasonable factors must be viewed from the persepctive of the officer on scene and not hindsight
    • embody allowance that officers are forced to make split-second judgements in circumstances that are rapidly evolving
  18. 3 fundamental principles that govern police training
    • always retain the advantage(elect firearm when there is any unknown threat)
    • action is faster than reaction
    • the suspect always escalates the situation, not the officer
    • their position of authority is always correct
  19. police training in situations that pose a threat of serious harm
    • every action and inaction can be perceived in a threat 
    • their training has given them an over inflated sense of threat
    • hesitation is fatal
    • create narratives to justify their fear
  20. What does seth stoughton suggest
    • 4th amendment reasonableness should reflect objective standards of care, and not ratify split-second decision making
    • a reasonable well-trained officer, and has received instruction
  21. how might his standard improve safety for officer ans suspects
    -new police tactics can create time where policemen can use tactical communication and verbal deescalation methods
Card Set:
Civil Rights Final
2017-05-06 23:09:52
Civil Rights

stuff bro
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