Download Civil Liability and Immunity in Law Enforcement and more Exams Nursing in PDF only on Docsity! SCCJA Unit 2 exam review questions and answers (Graded A+) Civil Liability - SOLUTION Responsibility that an officer must bear for damages or injuries that the officer has caused another person to suffer Tort - SOLUTION A civil wrong, other than a breach of contract, for which the court will provide a remedy in the form of an action for damages Negligence - SOLUTION Failure to do what a reasonable officer would be expected to do under the circumstances. Established by determining: Was a duty owed? Did the officer breach that duty? Did that failure cause the injury? Plaintiff - SOLUTION Person who files or initiates a lawsuit Municipal Liability - SOLUTION "Deep Pockets Liability" is shown when an agency has a policy (pattern, or practice) that was the cause of the injury. "Policy" can be written or unwritten Direct Liability - SOLUTION Officer caused the injury or harm and is being sued as the defendant SCCJA Unit 2 exam review questions and answers (Graded A+) Indirect Liability - SOLUTION Allows the court to impose legal responsibility on a superior officer or an agency not directly at fault for the injury. Liability is founded on the relationship between the officer and the supervisor/agency. Respondeat superior tort. Vicarious Liability - SOLUTION Showing a link between the supervisor's conduct and the officer's actions. Failure to train, failure to supervise, and failure to discipline. Absolute Immunity - SOLUTION Applies to judges and legislators, freeing them from liability in performing their duties Sovereign Immunity - SOLUTION Protects the state. SC Tort Claims Act made it so that SC was open to limited liability. Qualified Immunity - SOLUTION "Limited immunity", applies to LE so that they do not need to have a crystal ball in order to predict the changes in law. Will not qualify for immunity if: Violated a constitutional right, that right was clearly established, and in the context of the situation if any reasonable officer would have known their actions were violating the right. SCCJA Unit 2 exam review questions and answers (Graded A+) Emergency Vehicle Lights and Siren Exceptions - SOLUTION When obtaining evidence of speeding, when using them is not tactically sound, or for "tailing" purposes. Brower v. County of Inyo - SOLUTION "Effectively concealing" a roadblock makes it so that innocent people are put in danger and fleeing suspects are not given an opportunity to stop safely. Reed v. Medlin - SOLUTION A checkpoint was established at the bottom of a hill with limited visibility. Narrow shoulders and a bridge prevented emergency escape. A logging truck struck a car, killing Reed, when it was unable to stop in time for the checkpoint. YOU ARE LIABLE IF YOU SET UP A DANGEROUS CHECKPOINT Canton v. Harris - SOLUTION Municipalities can be held liable based on a policy of inadequate training where the municipality knew or should have known that training was inadequate, and it was an area where the lack of such training would show a deliberate indifference of the municipality to the rights of people who come into contact with officers. SCCJA Unit 2 exam review questions and answers (Graded A+) Magistrates and probable cause - SOLUTION Required to assess the significance of LE findings and make an independent judgment as to whether the fourth amendment standard has been met Hearsay - SOLUTION info that the officer does not have firsthand knowledge of camera V Municipal Court - SOLUTION where probable cause is shown an individual's constitutional right to privacy yields to the states right to search for and seize evidence of a crime
