GPSTC Liability and Interview &
Interrogation 2017 Questions And Answers
Agencies Liability Vicarious Liability / Negligent Hiring / Negligent Retention / Failure
to train
What is Vicarious Liability A supervisor is responsible for the acts of his subordinates.
Tort A Civil wrong for which a remedy may be obtained usually in the form of damages
3 types of Torts Nominal / Actual / Punitive
Elements in Tort Actions 1. Owed a duty to plaintiff
2. That we breach that duty
3. There was injury to the plaintiff
4. Proximate cause of the injury is a direct connection between the breach of duty and the injury
to the plaintiff
5. The plaintiff must prove the amount of damages
Two types of State Torts (AKA Civil Liability) 1. Intentional Torts
, GPSTC Liability and Interview &
Interrogation 2017 Questions And Answers
2. Negligent Torts
What is intentional Tort? Occurs when there is an intention on the part of a peace officer
to bring some physical or mental harm to another
What is Negligent Tort? Occurs when an officer performs a reasonable act within his/her
scope of duty but without due care
Most Common Actions for Suit Use of Force / Negligent Motor Vehicle Operation /
Taking Away of Freedom
Negligent Motor Vehicle Operation One of the large areas of litigation in public safety.
This area includes the lawsuits that grow out of routine operation under nonemergency
conditions and especially the litigation resulting from pursuits and emergency operations.
Taking away of freedom -False Arrest
-Unreasonable search and seizure
-but all of the above can be avoided if we have probable cause
Interrogation 2017 Questions And Answers
Agencies Liability Vicarious Liability / Negligent Hiring / Negligent Retention / Failure
to train
What is Vicarious Liability A supervisor is responsible for the acts of his subordinates.
Tort A Civil wrong for which a remedy may be obtained usually in the form of damages
3 types of Torts Nominal / Actual / Punitive
Elements in Tort Actions 1. Owed a duty to plaintiff
2. That we breach that duty
3. There was injury to the plaintiff
4. Proximate cause of the injury is a direct connection between the breach of duty and the injury
to the plaintiff
5. The plaintiff must prove the amount of damages
Two types of State Torts (AKA Civil Liability) 1. Intentional Torts
, GPSTC Liability and Interview &
Interrogation 2017 Questions And Answers
2. Negligent Torts
What is intentional Tort? Occurs when there is an intention on the part of a peace officer
to bring some physical or mental harm to another
What is Negligent Tort? Occurs when an officer performs a reasonable act within his/her
scope of duty but without due care
Most Common Actions for Suit Use of Force / Negligent Motor Vehicle Operation /
Taking Away of Freedom
Negligent Motor Vehicle Operation One of the large areas of litigation in public safety.
This area includes the lawsuits that grow out of routine operation under nonemergency
conditions and especially the litigation resulting from pursuits and emergency operations.
Taking away of freedom -False Arrest
-Unreasonable search and seizure
-but all of the above can be avoided if we have probable cause
