Officer Liability and Use of Force in Law Enforcement

Flashcards focusing on key terms and concepts related to officer liability, use of force, and constitutional law as they apply to law enforcement.

42 U.S.C. § 1983

A federal statute that allows individuals to sue state and local officials for civil rights violations.

Bivens Analogy

Refers to a legal action brought against federal officials for constitutional violations under the principles established in the Bivens v. Six Unknown Named Agents case.

Sovereign Immunity

A legal doctrine that protects the government from being sued without its consent.

Qualified Immunity

A legal doctrine that shields government officials from liability unless the official violated a clearly established statutory or constitutional right.

Constitutional Torts

Claims against government officials for violations of constitutional rights.

Preponderance of Evidence

The standard of proof in civil cases, meaning the evidence must show that something is more likely true than not.

Absolute Immunity

A complete shield from liability for government officials when performing certain functions.

Common Law Torts

Civil wrongs recognized by law that can result in a lawsuit, distinct from statutory or constitutional claims.

Fourth Amendment

Protects individuals from unreasonable searches and seizures by the government.

Miranda Rights

The rights that must be read to a suspect before interrogation, including the right to remain silent and the right to counsel.

Due Process

Legal requirement that the state must respect all legal rights owed to a person; often associated with fairness in legal proceedings.

Excessive Use of Force

Use of force by law enforcement that is unreasonable or more than necessary to achieve a lawful objective.

Civil Liability

Legal responsibility for damages arising from civil wrongs, which can include lawsuits for injuries or damages.

Grand Jury Indictment

A formal charge or accusation of a serious crime, typically required for felony charges.

Use of Force Continuum

A range of responses by law enforcement officers, from verbal commands to deadly force, which are to be used based on the situation.

Self-Incrimination

The act of implicating oneself in a crime, which is protected against by the Fifth Amendment.

Eighth Amendment

Prohibits excessive bail, excessive fines, and cruel and unusual punishment.

Chain of Command

The hierarchy of authority in an organization, particularly important in law enforcement for accountability.

Prohibited Possessors of Firearms

Categories of individuals who are legally barred from owning firearms, often due to felony convictions or mental health issues.

Duty to Intervene

The obligation of law enforcement officers to intervene when they witness another officer using excessive force.

Documenting Use of Force

The process of recording all relevant details surrounding an incident where force was used by law enforcement.

Tennessee v. Garner

A landmark Supreme Court case that set standards for the use of deadly force by law enforcement.

Graham Factors

Factors considered in assessing whether a use of force is reasonable: severity of the crime, immediacy of threat, whether the subject is resisting, and whether they are fleeing.