Chapter Thirteen – Legal Liabilities and Other Consequences of Police Misconduct

1. Chapter Thirteen – Legal Liabilities and Other Consequences of Police Misconduct Rolando V. del Carmen

2. Legal Liabilities and Other Consequences of Police Misconduct • An Overview of Police Legal Liabilities • Civil Liabilities • Federal Law • Title 42 of U.S. Code Section 1983 — Civil Action for Deprivation of Civil Rights • Title 42 of U.S. Code Section 1985 — Conspiracy to Interfere with Civil Rights • Title 42 of U.S. Code Section 1981— Equal Rights under the Law • State Law • State Tort Law

3. Legal Liabilities and Other Consequences of Police Misconduct • An Overview of Police Legal Liabilities • Criminal Liabilities • Federal Law • Title 18 of U.S Code, Section 242 — Criminal Liability for Deprivation of Civil Rights • Title 18 of U.S. Code, Section 241 — Criminal Liability for Conspiracy to Deprive a Person of Rights • Title 18 of U.S. Code, Section 245 — Violations of Federally Protected Activities

4. Legal Liabilities and Other Consequences of Police Misconduct • An Overview of Police Legal Liabilities • Criminal Liabilities • State Law • State penal code provisions specifically aimed at public officers for crimes such as: • Official oppression • Official misconduct • Violation of the civil rights of prisoners • Regular penal code provisions punishing such criminal acts as assault, battery, false arrest, serious bodily injury, and homicide

5. Legal Liabilities and Other Consequences of Police Misconduct • An Overview of Police Legal Liabilities • Administrative Liabilities • Federal Law • Federal agency rules or guidelines vary from one agency to another • State Law • Agency rules or guidelines on the state or local level vary from one agency to another

6. Legal Liabilities and Other Consequences of Police Misconduct • Civil Liability under Federal Law – Section 1983 Cases • The Federal Law • The Elements of a Section 1983 Lawsuit • Acting under color of law • Violation of a Right Given by the U.S. Constitution or by Federal Law • Chavez v. Martinez (2004) • Town of Castle Rock v. Gonzales (2005)

7. Legal Liabilities and Other Consequences of Police Misconduct • Civil Liability under Federal Law – Section 1983 Cases • Defenses in Section 1983 Cases • The Good Faith Defense (“Qualified Immunity”) • Harlow v. Fitzgerald (1982) • Anderson v. Creighton (1987) • Fraire v. City of Arlington (5th Cir. 1992) • Brosseau v. Haugen (2004) • Groh v. Ramirez (2004) • Saucier v. Katz (2001)

8. Legal Liabilities and Other Consequences of Police Misconduct • Civil Liability under Federal Law – Section 1983 Cases • Defenses in Section 1983 Cases • The Probable Cause Defense but Only in Search and Seizure Cases • Rodriguez v. Jones (5th Cir. 1973) • Brinegar v. United States (1949)

9. Legal Liabilities and Other Consequences of Police Misconduct • Civil Liability under State Tort Law • Types of State Tort Cases • Intentional Tort • False arrest and false imprisonment • Malley v. Briggs (1986) • Assault and Battery • Excessive use of nondeadly force • Lewis v. Downs (6th Cir. 1985)

10. Legal Liabilities and Other Consequences of Police Misconduct • Civil Liability under State Tort Law • Types of State Tort Cases • Intentional Tort • Excessive use of deadly force • Wrongful death • Young v. City of Killeen (5th Cir. 1985) • Infliction of mental or emotional distress

11. Legal Liabilities and Other Consequences of Police Misconduct • Civil Liability under State Tort Law • Types of State Tort Cases • Negligence Tort • Liability for failing to protect a member of the public • Public duty doctrine • Special relationship • Sanders v. City of Belle Glade (Fla. App. 1987) • DeShaney v. Winnebago County Department of Social Services (1989) • Schuster v. City of New York (N.Y. 1958) • Irwin v. Town of Ware (Mass. 1984) • Sorichetti v. City of New York (1985)

12. Legal Liabilities and Other Consequences of Police Misconduct • Civil Liability under State Tort Law • Types of State Tort Cases • Negligence Tort • Negligent use of police vehicles • Injury caused by a fleeing motorist-suspect • Failure to respond to calls • Failure to arrest a drunk driver • Ashburn v. Ann Arundel County (Md. 1986)

13. Legal Liabilities and Other Consequences of Police Misconduct • Official Immunity Defense Most Often Used in State Tort Cases • Official immunity • City of Lancaster v. Chambers (Tex. 1994) • Discretionary acts • City of Pharr v. Ruiz (Tex. Cr. App. 1997) • The officer acted in good faith • The officer acted within the scope of authority • City of Lancaster v. Chambers (Tex. 1994)

14. Legal Liabilities and Other Consequences of Police Misconduct • Defendants in Civil Liability Cases: Legal Representation and Indemnification • The Police Officer as Defendant • Who will represent the officer in a lawsuit? • Who will pay if the officer is held liable?

15. Legal Liabilities and Other Consequences of Police Misconduct • Defendants in Civil Liability Cases: Legal Representation and Indemnification • The Supervisor as Defendant • The supervisor was personally involved in the Act • What happened can be linked to negligence by the supervisor • City of Canton v. Harris (1989) • If the supervisor violates the rights of subordinates (direct liability)

16. Legal Liabilities and Other Consequences of Police Misconduct • Defendants in Civil Liability Cases: Legal Representation and Indemnification • The City or County as Defendant • Deep pockets • Monell v. Department of Social Services (1978) • Webster v. City of Houston (5th Cir. 1984) • Owen v. City of Independence (1980) • Brandon v. Holt (1985) • Pembauer v. City of Cincinnati (1986) • Board of County Commissioners of Bryan County, Oklahoma v. Brown (1997) • Gates v. City of Dallas (5th Cir. 1984)

17. Legal Liabilities and Other Consequences of Police Misconduct • Other Consequences of Police Misconduct • Criminal Liabilities under Federal and State Penal Codes • Exclusion of Illegally Obtained Evidence • Administrative Investigations and Sanctions • Revocation of Law Enforcement License