PersonnelManagement Issues

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Personnel/Management Issues
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Training Objectives

• Identify and compare the steps of a civil lawsuit
  with a criminal prosecution.
• Compare and contrast negligence with gross
  negligence.
• Define and apply the defense of immunity.

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Training Objectives

• Define and apply the legal standard of deliberate
  indifference.
• Analyze the three elements of a negligent hiring,
  supervision and retention claim.

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Training Objectives

• Analyze the three elements a plaintiff must prove
  to establish supervisory liability in a 1983
  claim.
• Analyze the three elements a plaintiff must prove
  to establish governmental liability in a 1983
  failure to train claim.

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Anatomyof aLawsuit
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Complaint
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Answer
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Motion toDismiss
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Discovery
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Common Discovery Methods

• Interrogatories
• Production of documents
• Depositions
• Subpoena
• Public records

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SummaryJudgment
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Settlement
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Trial
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Standard of Proof
Beyond a reasonable doubt
Preponderance of the evidence
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Torts

• Tort - a civil wrong that causes people injury or
  damage to property
• Intentional
• Negligence

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Elements of Negligence
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Gross Negligence

• Wanton conduct done with conscious disregard for
  the rights and safety of others

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Immunity
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Negligent Hiring, Retention and Supervision

• An incompetent employee committed a tortious act
  upon the plaintiff
• The injury complained of resulted from this
  act, and
• The employer knew or had reason to know of the
  offending employees unfitness prior to the
  commission of the tortious act.

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DeliberateIndifference
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1983 Supervisory Liability

• 1. The supervisor had actual or constructive
  knowledge that his subordinate was engaged in
  conduct that posed a pervasive and
  unreasonable risk of constitutional injury to
  citizens

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1983 Supervisory Liability

• 2. The supervisors response to that knowledge
  was so inadequate as to show deliberate
  indifference to or tacit authorization of the
  alleged offensive practices, and

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1983 Supervisory Liability

• 3. There was an affirmative causal link
  between the supervisors inaction and the
  particular constitutional injury suffered by the
  plaintiff.

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1983 Failure to Train

• The failure to train amounts to deliberate
  indifference to the rights of persons with whom
  the police come into contact
• The plaintiff incurred a violation of a
  constitutional right, and
• The plaintiff suffered harm as a result of the
  deprivation of the constitutional right.

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Training Objectives

• Identify and compare the steps of a civil lawsuit
  with a criminal prosecution.
• Compare and contrast negligence with gross
  negligence.
• Define and apply the defense of immunity.

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Training Objectives

• Define and apply the legal standard of deliberate
  indifference.
• Analyze the three elements of a negligent hiring,
  supervision and retention claim.

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Training Objectives

• Analyze the three elements a plaintiff must prove
  to establish supervisory liability in a 1983
  claim.
• Analyze the three elements a plaintiff must prove
  to establish governmental liability in a 1983
  failure to train claim.

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NS? QUESTIONS?
QUESTIONS? QUESTIO
QUESTIONS? QUESTION