will one thing only throw out a juvenile case?
~ no, UNLESS the confession was coerced
does a notice have to be posted at schools if searching of vehicles, packages,
and lockers is possible?
~ yes
who has a mandatory duty to report at schools?
~ school personnel and all LEO
who is most susc...
✓✓✓✓~ was it reasonable? was it justifiable (can you articulate?)? was it defensible?
Elements of the Negligence Triangle
✓✓✓✓~ 1. Who was injured?
2. Who's Responsible?
3. Money?
What is necessary for a criminal conviction?
✓✓✓✓~ Beyond a reasonable doubt
What is necessary for a civil conviction?
,✓✓✓✓~ preponderance of evidence (50% plus one piece of evidence)
What are the levels of liability?
✓✓✓✓~ Negligence (wrongdoing); gross negligence (knowledge of wrongdoing); deliberate
indifference (foreseeability); conduct that shocks the conscience
Thurman v. Torrington
✓✓✓✓~ Tracy had threats on her Life by estranged husband, had restraining order, but it
was ignored. Was stabbed 13 times but survived, she sued the city for failure to
provide protection for abused wives and children of domestic violence. The court
agreed.
Plaintiff's 5-front attack
✓✓✓✓~ 1. Facts of the case
2. Policy
3. Training
4. Supervision
5. Discipline
Is an absence of policy negligent?
,✓✓✓✓~ HELL YES
Per Canton vs. Harris, officers should receive training and information for...
✓✓✓✓~ foreseeable activities
What are the two types of policies?
✓✓✓✓~ Need to know, need to reference
TN Gov't Tort Liability Act
✓✓✓✓~ 1. Removal of immunity for injury from the unsafe operation of the motor vehicle
2. Removal of immunity for injury from an unsafe street alley, sidewalk, and/or
traffic control device
3. Removal of immunity for injury from dangerous structures
4. Removal of immunity for injury caused by the negligent act of omission of
employee
What is liability for negligence based on?
✓✓✓✓~ 1. duty to act
2. breaching that duty
3. your breach of duty was a proximate cause of the injury
, 4. an actual injury or property damage did occur
`Protection of the Public Duty Doctrine (Special relationships)
✓✓✓✓~ 1. malicious, intentional, criminal
2. failure to act
3. state law of duty if elements are meant (domestic)
Personal Protections
✓✓✓✓~ 1. individual protected against loss "for damages for which the immunity of the
governmental entity is removed"
2. individual also protected by the statutory limits since 1987
3. punitive damages are excluded by TN Supreme Ct in 1978 Tipton Co. v. Dennis
Who may bring suit?
✓✓✓✓~ ANYONE
Who may be a defendant?
✓✓✓✓~ any person operation under the color of law
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