Deliberate Indifference - Foreseeable (almost inevitable) negative outcome; high cost
Conduct that Shocks the Conscience - Blatantly immoral to the reasonable person; Thurman v.
Torrington; very high cost
Thurman v. Torrington - Plaintiff stabbed/nearly killed as officers watched; Supreme Court found that
they violated 14th Amendement b/c City police responded more slowly/made fewer arrests on DV calls
made by women; country-wide shift to "shall arrest" for DV
Canton v. Harris - Failure to train officers for foreseeable activities is gross negligence
Plaintiff's 5 Front Attack - (1) Facts of Case (2) Policy (3) Training (4) Supervision (5) Discipline
Immunity from TN Tort Liability removed if: - (1) Injury from negligent operation of vehicle.
(2) injury from defective/damaged streets, sidewalks, or traffic control devices; notice is required.
(3) injury from dangerous structures [buildings, playgrounds, etc.]
(4) Injury by negligence/omission by employees [if one person knows, while entity knows; report
everything]
Where should claims under TN Tort Act be filed? - County Circuit Court where incident occurred
Four Elements that Determine Liability for Negligence - (1) Did you have a duty to act?
(2) Did you breach this duty?
(3) Was this breach of duty the proximate cause of the injury?
,(4) Did an injury/property damage actually occur?
Public Duty Doctrine - Your duty is to the public, not any one individual; gives more discreation for
arrests; may not be covered for DV or "special relationships"
Special Relationships - When an officer or entity assured someone they will do something (like a
vacation check); failure to follow thru may leave officer/entity liable
Limit of Liability for a single bodily injury or death: - $300,000
Limit of Liability for all bodily injuries/deaths per occurrence: - $700,000
Limitation of Liability for property damage: - $100,000
Personal Protections - (1) Protected from loss for damages for which immunity from entity is removed
(2) Protected by statutory limits since 1987 [TCA 29-20-310(c)]
(3) Protected from Punitive Damages; may still be sued but will win the case
Who may bring suit per 42 USC Section 1983? - Any citizen or other person
Who qualifies as an "other person" per 42 USC Section 1983? - Anyone, including non-citizens and illegal
aliens
Who may be the defendant per 42 USC Section 1983? - Any person acting under the color of the law
(basically anyone in uniform, whether on/off duty)
Monell v. NYC - Expanded the definition of "person" to government agencies/entities/departments, in
terms of who could be a defendant per 42 USC Section 1983
, 42 USC Section 1983 is also known as: - The Federal Civil Rights Code
Punitive Damages are: - Personal penalty against an individual
How is Liability divided between multiple officers in a civil rights violation case? - All officers involved are
equally liable unless they can demonstrate that they took no part in the violation and attempted to stop
the violation in some way
Conduit to the "Deep Pocket" - (1) Officer action/incident
(2) Written policy/rule/regulation or unwritten custom/tradition
(3) Officer's Supervisor
(4) Legislative body of governmental entity
(5) Taxing authority of entity (the "Deep Pocket")
2 Most Common Allegations in Police Liability Claims - (1) Use of Excessive Force
(2) False Arrest/Imprisonment
Do police always have right-of-way? - No
Significance of Brower v. Inyo County: - Roadblocks are a last resort
Sacramento v. Lewis - Civil violation occurs only if actions of the officer shock the conscious
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