TLETA Week 2 Study Guide

TLETA Week 2 Study Guide What are the three parts of the negligence triangle? - Who was injured, who is responsible, and who has the money. Perkin v. Harris - What should officers receive on foreseeable activities? - Officers should receive training and information on foreseeable activities. If you act within the scope of your department policy, who will be held liable for accidents caused on your part? - The department. Governmental entity definition? - Any national, state or local government board, commission, department, division, instrumentality, court, agency or political subdivision. What three things does the supreme court take into consideration when determining liability? - Reasonableness, justifiable, articutible.(be able to articulate and justify what you did.) Negligence definition? - Failure to take proper care in doing something.(mistake) What are the levels of liability? - Negligence, Gross Negligence, Deliberate indifference, Conduct that shocks the conscience. Gross Negligence definition? - Lack of diligence, care, or conscious, in a voluntary act or omission with reckless disregard of legal duty or consequences to another party. Deliberate indifference definition? - Complete consciousness of reckless disregard and consequence of one's acts or omissions. Conduct that shocks the conscience definition? - Situations conducted in complete carelessness of the law that are so unjust or wrong that the court must intervene. What are Plaintiffs 5- Front attacks? - Facts of the case, policy, training, supervision, and discipline. Do you have the right away when operating an emergency vehicle? - No, when operating an emergency you are requesting right away. Who is responsible for accidents caused during emergency vehicle operations? - The operator of emergency vehicle. Are officers responsible for accidents of negligence? - Yes. What does the liability of accidents hinge on during police pursuits? - The decision making of the officer. Why are patrol officers liable for unsafe roads, controls, and structures? - It is the officers duty to report these condition due to the fact they are on patrol 24 hours a day. What are Punitive Damages? - Personal penalties against an INDIVIDUAL in federal court. They are excluded from state court. What happens if any employee of any government agency, entity, or department, deprives anyone of there constitutional rights? - They or their employer are subject to be sued in Federal court Depending on their regard for statutes, policy, and regulations. Is there any cap on the amount a defendant can be sued for in federal court? - No. Who May bring a suit? - Anyone. Who May be a defendant? - Anyone acting under the color of the law. What an employees best protection from being individually liable? - Written Policy. What is the liability of other officers present when a civil rights violation takes place? - Equal punishment.