CJ Management Exam 2 Study Guide

This large city settled a lawsuit for $19.8 million when a former police commander supervised the beatings and electric shock of four arrestees to gain confessions of a murder.

Chicago

The type of case that averaged the highest awards granted to plaintiffs according to Kappeler et al. (1993).

vehicle pursuits and excessive force

This law affected civil litigation from 1990 to 2006 which amended federal employment discrimination laws.

Civil Rights Act of 1991

Personnel time, resources, and legal and expert witness fees.

Costs not typically associated with awards and settlements

It is difficult to do this because national data are not systemically collected.

Identify trends in police litigation

This terms refers to a court order which prohibits practices of the defendant by requiring certain measures be taken or practices be instituted to avoid further violations of the Constitution.

injunctive relief

Individuals and the Department of Justice can sue police departments using _____ lawsuits.

civil

This large city paid nearly $33 million in a class action suit by thousands of citizens who were illegally strip searched before and after court appearances

New York City

Litigation against correctional agencies increased after this U.S. Supreme Court decision.

Cooper v. Pate (1964)

This term is self-explanatory and refers to the financial compensation to a successful plaintiff.

Monetary relief

This type of criminal justice official should endeavor to minimize lawsuits by providing personnel with training, guidance, and legal updates to better understand how to perform their sworn duties.

Administrators

In 1985, Thomas and associates reported that as the national prison population grew, prisoners filed proportionately _____ lawsuits.

fewer

Most civil lawsuits against police end this way.

Settlement

These types of lawsuits are filed against police agencies by police personnel and allege workplace discrimination.

Gender, age, religion, disability, sexual orientation, and sexual harassment

This federal law influences prisoner litigation by establishing mandatory filing fees, restricting the filing of successive petitions, and allowing the immediate dismissal of any frivolous or malicious lawsuit.

Prison Litigation Reform Act (1996)

The type of case in which plaintiffs are mostly likely to prevail.

Illegal strip and searches

These types of lawsuits include claims of unwarranted discipline and demotion, wrongful termination, unfair hiring, promotion, and retirement practices.

Unfair administrative practices

Large payouts from correctional agencies tend to be more likely for these types of cases (Ross & Page, 2003).

Attempted suicide and suicide

This term refers to a non-monetary judgment whereby the court, through declaratory relief, declares to the defendant that a regulation is unconstitutional.

Equitable relief

This type of litigation results from allegations of misusing authority, using excessive force, or intentionally deprivation of one's civil rights.

Constitutional rights litigation

Criminal justice personnel are exposed to this due to their ability to restrict citizens' and prisoners' liberties and rights

Liability litigation

This type of litigation may result from allegations of failing to perform legally assigned duties.

Negligence litigation

This type of criminal justice official should endeavor to minimize lawsuits by remaining committed to performing their duties within the framework of the law.

Officers

Medical care, access to the courts, discipline, administrative liability, conditions of confinement, failure to protect, use of force, and classification

The more prevalent types of prisoner lawsuits, according to Ross’s study of 1997

Whereas criminal law is public offense, tort law is a _____.

private, civil offense

Whereas the standard of proof in a criminal case is beyond a reasonable doubt, tort cases are held to a lower standard of _____.

preponderance of the evidence

This federal law allows criminal justice officials to be sued CIVILLY for monetary damages or injunction relief when the official, acting under "color of law," deprived the plaintiff of a constitutionally protected right, either prior to or during arrest or detention, during incarceration, or after release (parole).

Title 42 U.S. Code Section 1983

These are the criminal justice officials to whom liability principles apply.

All public officials including police, detention and correction personnel, probation and parole officers, supervisors, and administrative personnel

This federal law prohibits discrimination on the basis of a disability in public places. It gives the Dept. of Justice the authority to file a lawsuit in federal court against a criminal justice agency to enforce the law.

Americans with Disabilities Act, 42 U.S.C. Section 12131

Tort actions do not include breaches of _____.

contract

This is the most common area of liability in criminal justice today. While there is no clear definition, it is a civil wrong.

Tort law

In addition to compensatory damages, a plaintiff who wins their tort case may collect these types of damages.

Punitive damages, court costs, and attorney’s fees

This concept distinguishes an intentional tort from a negligent tort.

The state of mind of the accused

Of the two types of negligent torts, this type occurs when the officer performed their duties with reckless disregard of the consequences of the actions that caused harm to another person or property.

Gross negligence

Of the three categories of torts, this type is generally associated with activities that are harmful, as in the case of hazardous chemicals seeping into the public water system. It is not common in CJ.

Strict liability

This federal law permits the Attorney General to bring civil lawsuits against state institutions regarding the civil rights of those housed in a facility, including the conditions of their confinement and the use of excessive force. The AG may file suit for declaratory or equitable relief for a pattern or practice of unconstitutional conditions of confinement.

Civil Rights of Institutionalized Persons Act, 42 U.S.C. Section 1997

This federal law allows criminal justice officials to be prosecuted CRIMINALLY when acting under the "color of law" with the intention of depriving a person of a protected right. The person must have actually been deprived of that right.

Title 18 U.S. Code Section 242

In addition to tort actions and federal and state statutes, CJ personnel are subject to discipline or termination if they violate these.

Agency administrative rules, regulation, policies, and procedures

Of the three categories of torts, this type arises from failing to perform a particular duty. It is a breach of duty to act reasonably toward those who may forseeably be harmed.

Negligent tort

Whereas penalties of a criminal case includes fines, probation, incarceration, and death, penalties in a tort case are typically _____.

monetary sanctions

This federal law grants the Department of Justice broad investigative powers and prosecutorial authority in cases of alleged use of excessive force. The DOJ may file civil actions on behalf of citizens to obtain declaratory or equitable relief. The law was passed after the Rodney King incident.

Violent Crime Control and Law Enforcement Act of 1994, Sections 14141 and 14142

Of the two types of negligent torts, this type occurs when an officer fails to exercise reasonable care in the performance of their duties.

Simple negligence

Of the three categories of torts, this type includes purposeful behaviors that are highly likely to cause injury to another. The actor means to bring physical or mental harm through the omission or commission of an act.

Intentional tort

Whereas criminal case parties include the state vs. individual, parties of a tort case are _____.

Individual vs. Individual

The second element to be proven in a negligence case. It is the failure to perform a duty, and is based on the factual situation of the incident.

Breach of duty

This is owed to an arrestee who presents a danger to themselves. It is based on 1) the officer's knowledge of the arrestee's mental state and 2) the extent of their condition rendering them unable to exercise ordinary care.

Special duty

Tort claims against federal agents alleging misconduct must be filed under this law.

Federal Tort Claims Act

The fourth element to be proven in a negligence case. It is the occurrence of an actual injury or damage to the plaintiff (physical or emotional).

Actual injury

Common examples of special relationship duties include failing to respond to a call, failing to arrest in _____, failing to protect a witness or informant, and failure to obtain medical assistance for an arrestee or prisoner.

Domestic violence situations

These are other examples of special duty circumstances (in addition to knowing an arrestee's mental state or intoxicated condition).

Securing accident scenes, protecting witnesses and informants, suicidal prisoners in detention, prisoner-on-prisoner assaults, failing to follow departmental rules, and operating equipment negligently

Police who violate statutes that limit how police officers use their vehicles in emergency situations may be liable for this type of negligence.

Negligent operation of emergency vehicles

This type of remedy in a civil tort case is payment for the plaintiff's injury caused by the defendant's breach of duty.

Compensatory damages

This type of negligence refers to the imposition of unlawful restraint upon another's freedom of movement and requires willful detention.

False arrest and imprisonment

This U.S. Supreme Court case permits plaintiffs to file claims against federal employees - not the federal government (Federal Deposit Ins. Corp. v. Meyer, 1994).

Bivens v. Six Unknown Federal Narcotics Agents (1971)

A duty of care can be required of police if it is _____ that an arrestee's condition creates a hazard in the given circumstances (if there is a reasonable anticipation that injury or damage is likely to occur as a result of an act or omission).

forseeable

This type of remedy in a civil tort case is awarded for particularly egregious misconduct, far outside the scope of the officer's authority. It is normally awarded for reckless or intentional misconduct.

Punitive damages

These are three primary types of defenses to negligent tort claims.

Contributory negligence, comparative negligence, and assumption of the risk

This type of negligence requires a "special relationship" which requires a duty for police and correctional personnel to protect those under their custody or control. It does not apply to the general public.

Failure to protect

This type of negligent tort defense refers to the plaintiff and defendant sharing liability. It includes four categories: pure comparative, 51% modified rule, 50% modified rule, and slight-gross rule (See PPT). It does not eliminate liability for the defendant, but rather mitigates the amount of the award.

Comparative negligence

The third element to be proven in a negligence case. It is the direct factual link between the act of negligence and the plaintiff's injury. It may be an act or omission or a higher standard of recklessness, wanton conduct, or gross negligence.

Proximate cause

Although definitions differ, this term refers to an absence of care according to the circumstances. It refers to a person who is not acting reasonably, does not intend to harm another, yet fails to exercise due care to prevent such harm.

Negligence

This doctrine shields or limits a citizen's right to sue the government.

Sovereign immunity

This type of negligence claim may allege that the defendant intentionally attempted to physically injure the other and/or made harmful or offensive contact with the plaintiff.

Assault and battery

This type of remedy in a civil tort case is awarded as a symbolic gesture, which recognizes that the plaintiff prevailed in the civil action but did not sustain an actual injury. The award is small ($1).

Nominal damages

This type of negligence claim may be brought by plaintiffs who allege that they were illegally prosecuted in a criminal or civil proceeding that was instituted for an improper purpose and without probable cause.

Malicious prosecution

This type of negligent tort defense refers to to the plaintiff knowingly and willingly engaging in a risky activity.

Assumption of the risk

This type of negligent tort defense refers to conduct on the part of the plaintiff that contributed to (legally caused) their own injuries.

Contributory negligence

This type of negligence refers to a death that occurs during police intervention, transport, or custody.

Wrongful death

Allegations arising from public officials' misuse of authority may be filed here.

Federal or state courts

This is the type of remedy sought for damages in a civil tort case.

Monetary

The first element to be proven in a negligence case. It is frequently stipulated in state statutes and refers to certain actions officers must adhere to when performing their duties.

Legal duty of care

A lawsuit filed under the FTCA cannot be based on a _____, but must be based on tort claims.

Constitutional violation

This type of person is owed a special duty of care due to their diminished capacity for self-protection.

Mentally disabled or someone impaired by drugs or alcohol

States are not considered "persons" (and cannot be sued for monetary damages) under Section 1983 because of this.

Eleventh Amendment

The remedies possibly awarded to a plaintiff who prevails in a Section 1983 lawsuit.

Monetary damages and injunctive or declaratory relief

When court dockets are busy, parties may attempt these alternatives to trial.

Mediation or arbitration

The five tools used in discovery.

interrogatories, depositions, requests for production, requests for admission, and examination of physical evidence

This entity is not permitted to file suit under section 1983.

Corporation(s)

In addition to compensatory damages, Section 1983 permits this type of award to be given to prevailing plaintiffs (not defendants) at the court's discretion.

Attorney’s fees

CJ personnel will be required to pay damages in these circumstances.

When punitive damages are awarded

These types of actions by an officer cannot be the basis of litigation under Section 1983 unless the officer uses police equipment or uses their authority as an "official" employee.

Off-duty

Of the four important elements of the Section 1983, this element permits a person filing suit to be a person who is _____.

Under U.S. jurisdiction

This U.S. Supreme Court case broadened the definition of "person," making it easier for local CJ agencies (county, city, municipal) to be held liable (in addition to state and local officials).

Monell v. Department of Social Services of the City of New York

This landmark case reduced immunity protections and broadened the language of "color of law," making it easier for CJ officials to be held liable.

Monroe v. Pape (1961)

42 U.S.C, Section 1983, permits federal civil lawsuits against these CJ officials.

State and local

These entities may file a lawsuit in accordance with Section 1983.

U.S. citizens, legal aliens, pretrial detainees, probationers, convicted persons, and parolees

42 U.S.C., Section 1983, lawsuits arise from allegations of deprivations of _____.

Constiutional Rights

Once a Section 1983 suit is filed and each defendant is named and receives a copy of the complaint, the defendants may (are likely to) file this with the court.

Motion to Dismiss

Anyone seeking relief for violations of Federal Constitutional rights by federal officers will need to recover damages using this legal action (since Section 1983 applies to state government actors/persons and not federal agencies and employees).

Bivens

For cases that go to trial, this is the standard of evidence required in civil case.

Preponderance of the evidence

Of the four important elements of the Section 1983, this element refers to persons acting under color of any statute, ordinance, regulation, custom, or usage, of any State Territory or in D.C.

Color or law

This is the Court's definition of "person" who can be sued for monetary damages within Section 1983 according to Monroe v. Pape (1961)

Individual government employees (for acts performed while discharging their duties)

42 U.S.C., Section 1983, laid dormant until this year.

1961

These type of circumstances are not actionable under Section 1983.

Mere negligence or violations of city ordinances or state laws

42 U.S.C., Section 1983, was enacted in this year.

1871

While Section 242 provides federal criminal penalties for state and local officials, Section 1983 adds this type of penalty.

Civil