Transcript Federal Criminal & Civil Remedies for Unconstitutional Conduct

Federal Criminal & Civil Remedies
for Unconstitutional Conduct
• Title 42 USC Section 1982
– Under Color of State Law
Immunity
• Absolute Immunity
– Judges
– Legislators
– Prosecutors
– Statements made within the context of a
judicial hearing
Immunity
• Qualified Immunity
– Violation was not clearly established at time of
the act
– A reasonable public official confronted with
these facts could have believed that his of her
conduct conformed to the relevant standard.
Immunity
• State Tort Immunity
– Willful and Wanton Misconduct
– Conscious Disregard for the Safety of Others
Graham v. Connor (1989)
page 718
• Questions to be answered
– What is the improper police conduct?
– What other case that we have discussed is used as
the foundation for this case?
– What is the proper Amendment to consider when
addressing the improper police misconduct in this
case?
– What is the standard to be applied in this case? As
opposed to what other standard?
– Issue? Be careful, the true issue is not in the regular
spot.
– Holding?
Factors in Determining Reasonableness
in Police Use of Force Cases
• Severity of crime
• Suspect poses an immediate threat
• Resisting arrest or attempting to flee
Mental State for Excessive Use of Force for
Different B of Rs Applications
• Police Officers Use of Force is examined
by the courts using a reasonableness
standard necessitated because this is a
seizure and therefore the 4th Amendment
Controls. “The right of the people to be
secure in their persons … against
unreasonable … seizures, shall not be
violated…”
Mental State for Excessive Use of Force for
Different B of Rs Applications
• Correctional Officers’ Use of Force is
examined by the courts using a willful and
wanton standard necessitated because
excessive force after conviction is
punishment and therefore the 8th
Amendment Controls. “(C)ruel and
unusual punishment (shall not be)
inflicted.”
• Cruel and unusual indicates intentional
behavior.
Police Officer in Liable Under Sec. 1983
• If their comrades commit brutality and they
take no action to stop it.
Liability of Private Individuals
Based on Section 1983
• Act in concert with police.
• Act under State compulsion or with
significant State encouragement
• Perform a public function (private
corporation operating State prison.)
Criminal Responsibility
Title 18 USC 242
• Act under color of law (not just State Law)
• Possessed a willful intent (mental state)
• Violated a constitutional right (that has
been)
• Previously made specific through judicial
decision.
LESS THAN 2% OF CASES ARE PROSECUTED
14th Amendment
• … nor shall any State deprive any person
of life, liberty, or property without due
process of law: nor deny to any person
within its jurisdiction the equal protection
of the laws.
Protection Afforded by the 14th
Amendment
• Substantive Due Process
– Culpable Action DeShaney v. Winnebago
County Department of Social Services = No
constitutional duty of the public official to
protect the public from harm except:
• Discriminatory Denial of Police Protection
– Jeffrey Dahmer
• Duty to Protect Persons in Custody – People are
no longer capable of taking care of themselves
– Kneipp v. City of Philadelphia
Equal Protection of the Law
• Deliberately treating one person differently
from another because;
– A person’s membership in a protected class
– A desire to punish the person for exercising a
constitutional right
– Malicious intent to injure the person out of
spite.
Law Enforcement Professional’s
Constitutional Rights in the Workplace
• 1st Amendment Rights
– Limited rights after Garcetti v. Ceballos
• 4th Amendment Rights
– Limited in employment case
• 5th Amendment Rights
– Garrity