内容

目次

Ch.1 Principles of Tort Liability 1.01 General Definition of Tort 1.02 Sources of Tort Liability 1.03 Categories of Torts 1.04 Liability of the United States Government and Its Employees 1.05 Liability of State and Local Governments in Federal Suits 1.06 [Reserved] 1.07 Intentional Tort Liability of the Police 1.08 Negligence 1.09 Burden of Proof 1.10 Pretrial and Trial Practice Ch.2 General Police Duties and Authority 2.01 Introduction 2.02 Care of Incapacitated Persons 2.03 Emergency Medical Care 2.04 Arrestees and Jailees 2.05 Police Duty to Protect Property in Their Custody 2.06 Police Aid to Private Citizens 2.07 Domestic Violence and Child Abuse 2.08 Police Authority to Investigate Unusual Circumstances 2.09 Duty to Disclose or Act Upon Exculpatory Evidence 2.10 Immunity Ch.3 Negligence During Police Emergencies 3.01 Police Emergency Vehicle Operations 3.02 “Due Regard for the Safety of Others” 3.03 Pursuit Policy: General Considerations 3.04 Negligence in Establishment of Maintenance of Roadblocks 3.05 Section 1983 Liability 3.06 Immunity During Emergency Operations Ch.4 False Arrest or Imprisonment 4.01 False Arrest and False Imprisonment 4.02 Scope of Liability for False Arrest 4.03 Distinction Between False Arrest and Malicious Prosecution 4.04 False Arrest Under Warrant 4.05 “Negligent” or Reckless False Arrest 4.06 False Arrest of Imprisonment Resulting from “Stop and Frisk” 4.07 Arrest for Minor Traffic Offenses 4.08 Some Factors in Determining the Legality of the Arrest 4.09 Criminal Conviction and the Existence of Probable Cause 4.10 Probable Cause: Burden of Proof 4.11 Post-Arrest False Imprisonment 4.12 Cause of Action for Violation of State Constitutional, Statutory, or Common Law Rights 4.13 Employer Liability 4.14 Immunity 4.15 Damages Ch.5 Liability for Misuse of Weapons 5.01 In General 5.02 Constitutional Restrictions on the Use of Deadly Force: Tennessee v. Garner 5.03 Intentional Tort Defenses and Burden of Proof: Self-Defense and Defense of Third Parties 5.04 Municipal Liability 5.05 Evidentiary Issues 5.06 Immunity 5.07 Damages Ch.6 Assault and Battery 6.01 In General 6.02 Difference Between Assault and Battery 6.03 Reasonable Force During Arrest 6.04 Self-Defense and Defense of Third Persons 6.05 Burden of Proof 6.06 Employer Liability 6.07 Discovery and Evidentiary Issues 6.08 Immunity 6.09 Damages Ch.7 Malicious Prosecution 7.01 Introduction 7.02 Distinction Between Malicious Prosecution and False Arrest 7.03 Abuse of Process 7.04 Proper Defendants 7.05 Institution or Maintenance of Legal Prosecution 7.06 Probable Cause 7.07 Reckless of Grossly Negligent Malicious Prosecutions 7.08 Favorable Termination of Criminal Proceeding 7.09 Proof of Malice 7.10 Immunity 7.11 Subsidiary Issues 7.12 Damages 7.13 State Constitutional Cause of Action Ch.8 Section 1983 and Other Federal Civil Rights Actions 8.01 Relation to State-Law Actions 8.02 Violation of Constitutional Rights by Federal Officials 8.03 Preliminary Observations Concerning Section 1983 8.04 The “Color of Law” Requirement 8.05 Rights Protected Under Section 1983 8.06 [Reserved] 8.07 Liability of Supervisors 8.08 State and Municipal Liability Under Section 1983 8.09 Proximate Cause 8.10 Defenses 8.11 Damages in Section 1983 Actions 8.12 Prior Judicial Proceedings Involving the Same Issues and Parties 8.13 Statute of Limitations 8.14 Attorney’s Fees in Section 1983 Suits 8.15 Attorney’s Fees in Bivens Actions 8.16 Fees Under 18 U.S.C.S. §3006A Against the Government for Frivolous, Vexatious, or Bad Faith Criminal Prosecutions 8.17 Evidentiary Issues in Section 1983 Litigation Ch.8A Specific Constitutional Rights and Section 1983 8A.01 Ascertaining Constitutional Rights 8A.02 False Arrest and False Imprisonment 8A.03 Seizures by Use of Deadly or Excessive Force 8A.04 Illegal Searches and Seizures 8A.05 The Fourth Amendment and Electronic Surveillance 8A.06 Substantive Due Process 8A.07 Illegal Interrogation 8A.08 Fair Trial; Denial of Counsel; Pretrial Publicity, Lineups and Cognate Issues 8A.09 Cruel and Unusual Punishment and Due Process Rights in Custody 8A.10 Wrongful Death 8A.11 First Amendment Violations 8A.12 Equal Protection of the Laws 8A.13 Conspiracies Under Section 1983 and Other Civil Rights Laws 8A.14 Defamation and Invasion of Privacy 8A.15 Threats, Retaliation, and Harassment for Assertion of Constitutional Rights 8A.16 Malicious Prosecution as a Constitutional Tort Ch.9 Duty to Protect 9.01 Introduction 9.02 General Duty to Prevent Crime 9.03 Police Contact with Victim, Criminal, or Suspect Prior to Crime or Accident 9.04 Police Assumption of Control at Scene of Accident 9.05 Police Command and Direction: Liability to One Acting Under Such Command 9.06 Negligent Response to Emergency Call 9.07 “Special Duties” Creating Liability 9.08 Negligent Performance of Custodial Duties 9.09 Transit Authorities 9.10 Public Housing 9.11 Public Parks and Other Recreational Facilities 9.12 Public Buildings 9.13 Public Highways 9.14 Negligent Hiring, Supervision, and retention of Officer Who Has Shown Dangerous Propensities 9.15 [Reserved] 9.16 Duty to Protect Under 42 U.S.C.S. §1983 and the Federal Tort Claims Act 9.17 Government Immunity and the Duty to Protect Ch.10 Tort Claims Acts and Immunity 10.01 Introduction 10.02 Sovereign Immunity in Federal Courts 10.03 Municipal and County Immunity 10.04 Individual Liability 10.05 Respondeat Superior 10.06 Abolition of Sovereign Immunity and Partial Statutory Reenactment 10.07 Immunity for Discretionary Functions or Acts 10.08 Nonimmunity for Ministerial Acts 10.09 Individual Liability Under Immunity Statutes 10.10 Effect of Federal Immunity Doctrine on State Immunity 10.11 Municipal Liability and Section 1983 10.11A State Constitutional Tort Actions 10.12 Parratt v. Taylor and Immunity 10.13 Indemnification and Contribution Appendix A State Emergency Vehicle Statutes Appendix B State Immunity Statutes Appendix C Selected Federal Statutes Appendix D Immunity in Federal Civil Rights Actions Appendix E Factual Synopses of Entrapment Cases by Court Appendix F Brady Claims Forms Table of Cases Index