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CIVIL LIABILITY

CIVIL LIABILITY. Instructor: John M. Balloni. Duration: Two Hours Instruction Methods: Lecture, discussion, overheads and video. What is “Civil Liability”?. Tort – civil wrong. Damage to bodily integrity, freedom, dignity or property right. Bodily harm – burglary / assault.

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CIVIL LIABILITY

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  1. CIVIL LIABILITY • Instructor: John M. Balloni. • Duration: Two Hours • Instruction Methods: Lecture, discussion, overheads and video.

  2. What is “Civil Liability”? • Tort – civil wrong. Damage to bodily integrity, freedom, dignity or property right. • Bodily harm – burglary / assault. • Personal freedom – inaccurate suspect information. • Dignity – body cavity searches. • Property Interest – larceny in progress that does not get dispatched.

  3. Three categories of tort • Intentional wrong. • Neglect – omission V commission. • Strict Liability – Harm to one where duty is owed by law or special duty.

  4. Criminal Vs Civil • Preponderance of evidence as opposed to proof beyond a reasonable doubt. • Actual Vs Punitive damages.

  5. Why sue us? • Deep pockets. Dispatcher or call taker can be first link to county • Vicarious liability: (travel blame up the ladder • Negligent supervision • Negligent hiring • Negligent training • Negligent retention

  6. Duty • General (What we owe all people.) • Special duty – what we owe when courts or we create it. (Orders of protection, or when we say we will protect them.)

  7. Federal Vs State suits • Usually both. Feds are involved per federal statute title 42 USC 1983. • Done under color of law or authority. (We speak for police). • Causes loss of any civil right. (Any constitutionally guaranteed right or federally protected right.). • 1976 amendment allowed for the recovery of attorney fees. • Compensatory and punitive damages. • Constitutional Amendments.

  8. Protections and avoiding liability • You will get sued! (People can sue for almost anything.)

  9. Qualified Immunity Vs Absolute Immunity • Absolute restricted to judges, prosecutors and legislators. • Qualified – Good faith and probable cause exceptions. Reasonable and within the scope of employment. • Common sense and good judgment.

  10. Avoiding liability • Action in accordance with rules and regulations. • Pursuant to a statute presumed to be valid. • Based on orders from supervisors. • In accordance with advice from legal council.

  11. Indemnification • You are generally indemnified by county (But be careful). • Indemnification ends if you acted outside the scope of your employment.

  12. Lawsuits • Notice of claim: within 90 days & only really reserves right to sue. • County is self-insured. • Most claims are settled (even when you did not do anything wrong.).

  13. QUESTIONS???

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