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TLETA Class 1879 Week 2 | Questions & Answers (100 %Score) Latest Updated 2024/2025 Comprehensive Questions A+ Graded Answers | With Expert Solutions
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TLETA Class 1879 Week 2 | Questions & Answers (100 %Score) Latest Updated 2024/2025 Comprehensive Questions A+ Graded Answers | With Expert Solutions

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  • August 4, 2024
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  • 2024/2025
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TLETA Class 1879 Week 2 | Questions & Answers (100 %Score) Latest Updated 2024/2025
Comprehensive Questions A+ Graded Answers | With Expert Solutions

until they see your eyeballs, you are not a... - person



what wins a case in court? - 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



Monroe v Pape - Can sue gov't employee; public entity is not a person

, Monell v NYC - expanded person to agency, entity



Limits to civil rights cases - None; award set by Court with Unlimited exposure



Section 1988 - with judgement in favor of plaintiff, the defendant local gov't agency may be required by
court to pay plaintiff's reasonable attorney fees



Punitive damages - personal penalty against the individual



Where are civil rights suits usually taken? - Federal court, but may be filed in state court



What is liability of other officers present when a civil right violation takes place? - you share equally



What accounts for 78.8% of all officer deaths? - Shot, crashes, struck by vehicle



Why is written policy important? - it is the individual's best protection against liability - "qualified
immunity"



Top 3 causes for worker's comp claims for police? - 1. slip, trip, fall

2. injured in/by motor vehicle

3. assault/violence



Top 3 allegations causing police liability claims - 1. use of excessive force

2. false arrest/imprisonment

3. unconstitutional search & seizure



What was redefined in Haynes vs. Hamilton County? - law enforcement is liable if they are negligent and
cause injury

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