Civil Liability In Law Enforce Essay

Civil Liability In Law Enforce Term paper

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Business Law
Agency law - is concerned with any "principal"-"agent" relationship ;a relationship in which one person has legal authority to act for another. Such relationships arise from explicit appointment, or by ...
Law enforcement officers face delicate situations on a daily basis. These situations require immediate and appropriate responses from these officers. Police exercise a great amount of discretion. Misuse of discretion can lead to society questioning police tactics and policies. How do we judge what the appropriate responses in these situations are? Who is to say that the discretion police use is appropriate in any given situation? Police are confronted with enormous pressures.
Negligent Hiring
Managing a company's human resources, already a challenging task, has become more difficult with the proliferation of alternative staffing options. One alternative alone—temporary staffing—has evolved and grown into a nearly ...
Many well publicized incidents of police brutality in the media in the past few years have left many citizens wondering if this behavior is a typical behavior of law enforcement officers everywhere. Police can be held accountable for the actions they take under law. Lawsuits can be filed against police in either federal or state courts. Civil Liability The most common approach taken by those suing police officers for misconduct is under federal law. Most
Jurisdiction In The Global Internet Age
E-Jurisdiction: Jurisdiction in the Global Internet Age E-Jurisdiction (or the lack thereof)… ;At the beginning of a new century, the Internet Revolution is upon us. At the turn of ...
claim that one of their constitutional rights has been violated. Civil lawsuits are used most commonly, although criminal sanctions are also available. This is in part because grand juries and prosecutors tend to be reluctant to file criminal charges against police officers. There are several statutes that allow citizens to file actions against police. The most common is under what is commonly referred to as Section 1983 lawsuits. Section 1983 refers to the
E-Jurisdiction: Jurisdiction In The Global Internet Age
E-Jurisdiction (or the lack thereof)… ;At the beginning of a new century, the Internet Revolution is upon us. At the turn of the last century, when the Revolution was Industrial ...
Title 42 of the U.S. Code Civil Rights Act. It states that ...Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any 1 subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to
Copyright Infringement
A copyright is the right to produce, reproduce, and transform any original work. Copyrights are only given to original works that fall under the “following seven categories: Literary works, Musical ...
the party injured in an action at law, suit in equity, or other proper proceeding for redress... ( Smith, 41 ). In other words, this gives us as citizens the right to file suit against any officer of the law if any of our Constitutional laws are violated. There are a few key elements that determine whether or not a Section 1983 may be filed. First, the plaintiff, or person
Copyright Infringement
A copyright is the right to produce, reproduce, and transform any original work. Copyrights are only given to original works that fall under the following seven categories: Literary works, ...
filing the suit, must be a person protected under the act. Secondly, the defendant, or person the suit is being filed against, must be a person within the meaning of the act. Third, the defendant must have been acting under, as the statute says color of the law when the alleged deprivation took place. ( This means that the defendant must be performing an act of public authority, such as
music
A copyright is the right to produce, reproduce, and transform any ...
a police officer that uses excessive force, arrests without probable cause, etc. ) Fourth, the alleged deprivation must be a deprivation of the plaintiffs Constitutional rights. Lastly, the plaintiff must be seeking money, relief, or other proper redress. ( Smith, 42 ). Civil liability is divided into two parts. First is intentional. An intentional act in which an officer intended to act or behave in this
Copyright Infringement
A copyright is the right to produce, reproduce, and transform any original work. Copyrights are only given to original works that fall under the “following seven categories: Literary works, Musical ...
manner. An officer who uses excessive force could be sued for intentionally harming the plaintiff. The second type is negligence. Negligence occurs when an officer fails to protect the rights of a citizen or the public, and this neglect results in injury. 2 One such suit filed for negligence is Irwin v. Town of Ware. In this case, police stopped a drunk driver but failed to arrest him. Later that night,
Copyright Protection
A copyright is the right to produce, reproduce, and transform any original work. Copyrights are only given to original works that fall under the “following seven categories: Literary works, Musical ...
the drunk driver caused an accident that resulted in the injury of the individual he hit. The court found that police were negligent because they had a duty to arrest the drunk driver as require by state statute. In general, police are not legally obligated to protect a person from harm. However, police are responsible for protecting the public in general. As mentioned previously, filing federal lawsuits is the most common way to file
The Communications Decency Act
The Communications Decency Act The U.S. Government should not attempt to place restrictions on the internet. The Internet does not belong to the United States and it is not our ...
civil action against the police. This is partially because discovery in federal cases is more liberal than state courts, and suits filed in federal court do not have to exhaust state remedies. this reduces delays often experienced when filing suits. The problem with these civil suits is that it is difficult to establish liability in a federal case. Proving neglect or intentional harm, although possible, has proven to be difficult in federal court.
Using Arrest Records in Hiring
The Supreme Court's 1966 Miranda ruling providing for “the right to remain silent” is now a well-known phrase thanks to American mass media and, especially, popular television police dramas. ...
Police officers are not alone in this process. Although section 1983 actions are limited to person under the wording of the statute, the Supreme Court has expanded the role of 1983 actions to include counties and municipalities. However, the Eleventh Amendment to the U.S. Constitution bars the federal court from hearing lawsuits against state governmental agencies. The Eleventh Amendment states: ...The judicial power of the United States shall not be
sexual harrassment
History & the Law Under Title VII of the Civil Rights Act of 1964, Sexual harassment is a form of sex discrimination. Federal law as well as various state fair-employment ...
construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by Citizens or Subjects of any Foreign State... ( Reid, 520 ). 3 An exception to
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