STATE UNIVERSITY OF NEW YORK
COLLEGE OF TECHNOLOGY
CANTON, NEW YORK
COURSE OUTLINE
JUST 250 CIVIL LIABILITY ISSUES FOR THE POLICE ADMINISTRATOR
Prepared By: Jerry A. Pearson
SCHOOL OF BUSINESS AND PUBLIC SERVICE
FALL 2006
1
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Just 250 Civil Liability Issues For Police Administrator - Outline | JUST 101, Study notes of Criminal Law
Material Type: Notes; Class: INTRO TO CRIMINAL JUSTICE; Subject: Criminal Justice; University: SUNY College of Technology at Canton; Term: Fall 2006;
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STATE UNIVERSITY OF NEW YORK
COLLEGE OF TECHNOLOGY
CANTON, NEW YORK
COURSE OUTLINE
JUST 250 CIVIL LIABILITY ISSUES FOR THE POLICE ADMINISTRATOR
Prepared By: Jerry A. Pearson SCHOOL OF BUSINESS AND PUBLIC SERVICE FALL 2006
JUST 250 CIVIL LIABILITY ISSUES FOR THE POLICE ADMINISTRATOR
A. TITLE : Civil Liability Issues for the Police Administrator B. COURSE NUMBER : JUST 250 SHORT TITLE : Civil Liability Issues C. CREDIT HOURS : 3 D. WRITING INTENSIVE COURSE : E. COURSE LENGTH : 15 WEEKS F. SEMESTER(S) OFFERED : SPRING G. HOURS OF LECTURE, LABORATORY, RECITATION, TUTORIAL, ACTIVITY : 3 lecture hours per week H. CATALOG DESCRIPTION : In this course students will be exposed to civil liability issues at the local, state, and federal law levels. Students will develop better awareness of the liability risks relative to police service. They will learn proactive protocols that may minimize personal and organizational liability risks. I. PRE-REQUISITES/CO-COURSES : JUST 101 Introduction to Criminal Justice or permission of the instructor. J. STUDENT LEARNING OUTCOMES : Students will be able to:
- Define Civil Liability and Tort Law.
- Describe situations where a police agency and its personnel may be civilly liable.
- List possible defenses to civil liability litigation.
- Describe the foundations of civil liability and tort law.
- Define negligence and demonstrate, through examples, how it may be litigated in court.
- Describe intentional torts and the defenses used to combat litigation.
- Define vicarious liability and explain how it applies to police service.
- Understand strict liability issues and provide examples.
- Explain, through the use of examples, case law that is relative to civil liability and tort law.
DETAILED OUTLINE
JUST 250 CIVIL LIABILITY ISSUES FOR THE POLICE ADMINISTRATOR
TOPICS
I. Overview of Civil Liability in Criminal Justice a. Tort defined b. History c. Sources d. Purpose e. Categories II. Foundations for Liability a. Negligence explained b. Elements of negligence c. Duty of reasonable care d. Breach of duty e. Proximate cause f. Damages III. Civil Liability Under State and Federal Tort Law a. Legal proof b. Unavoidable accident c. Act of God d. Degrees of negligence e. Burden of proof IV. Civil Liability and Federal Law: Section 1983 Litigation a. Contributory negligence b. Last clear chance c. Comparative negligence d. Assumption of risk V. Defenses to Civil Litigation and Risk Management a. Intent b. Harm VI. Administrative and Supervisory Liability a. Consent b. Defense of self, persons, and property c. Legal process d. Mistakes
e. Necessity f. Privilege g. Reasonableness h. Statute of limitations i. Warrantless arrest VII. Liability for Failure to Train a. Public policy b. Intra-family immunity c. Governmental immunity d. Privileged communication VIII. Use of Force in Law Enforcement and Corrections a. General duty b. Justification IX. Section 1983 and Correctional Liability Issues a. Doctrine of nuisance b. Private nuisance c. Substantial and unreasonable interference d. Absolute nuisance e. Remedies f. Negligence and strict liability X. Section 1983 Actions in Law Enforcement a. Doctrine of vicarious liability b. Master-servant relationship c. Joint enterprise XI. Liability and Wrongful Custodial Death a. History b. Parties c. Negligence d. Strict liability e. Unreasonably Dangerous f. Defenses XII. Personnel Issues and Liability a. Liability Without Fault b. Abnormally Dangerous Situations c. Scope of liability