False Arrest and Police Misconduct

Price: $55.00 300 pages. 1 Softcover Volume. Forms on One 3.5" Diskette.Published January 2002.
ISBN-13: 978-1-57823-106-5 / ISBN-10: 1-57823-106-X

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Book Overview

PART ONE

PRELIMINARY CONSIDERATIONS

Chapter 1-OVERVIEW

Chapter 2-POSSIBLE CAUSES OF ACTION

1. False Arrest

2. Excessive Force

3. Assault and Battery

4. Negligence

5. Malicious Prosecution

6. Indifference to Medical Needs

7. Conspiracy to Violate Civil Right

8. Invasion of Privacy

9. Verbal Abuse and Harassment

Chapter 3-COMMON LAW TORT ACTIONS AND THE FEDERAL CIVIL RIGHTS ACT (42 U.S.C. § 1983)

A. Common Law Tort Action

B. Federal Rights Action

1. Background

2. Advantage to Bringing a Civil Rights Action

3. Special Requirements for Bringing a Federal Civil Rights Action

a. Violation of a Constitutional Right or Federal Law

b. Conduct Under Color of State Law

Chapter 4-CHOICE OF FORUM: DECIDING WHERE TO BRING THE CASE

A. Legal Considerations

1. No Jurisdiction in Federal Court

2. Government Immunity

B. Practical Considerations

1. The Judge

2. The Jury

3. Jury Selection

4. Unanimous Verdicts

5. Special Courts

6. Discovery

7. Time to Get to Trial

Chapter 5-LIABILITY: DECIDING WHO TO SUE

A. Individual Officers

B. Supervisors

C. Municipalities

D. States

E. Federal Government

Chapter 6-NOTICE OF CLAIM

A. Overview

B. Tips on Drafting the Notice of Claim

1. In General

2. Special Consideration in False Arrest Cases

C. Late Notice of Claims

Chapter 7-STATUTE OF LIMITATIONS: WHEN TO BRING THE CASE

A. In General

B. When Does the Statute Begins to Run?

C. Tolling of the Statute of Limitations

PART TWO

BEGINING THE CASE

Chapter 8-INVESTIGATION

A. Getting Medical Assistance

B. Recreating the Events

C. Available Reports

D. Witnesses

E. Client Interview

F. Should I Take the Case? Client Interview Form

Chapter 9-DRAFTING THE COMPLAINT

A. In General

B. Setting Forth the Facts

C. Special Allegations in False Imprisonment Cases

D. Special Allegations in Malicious Prosecution Cases

E. Pleading Damages

1. Compensatory Damages

2. Punitive Damages

Chapter 10-DISCOVERY

A. General Principles of Discovery

B. Interrogatories versus Examination Before Trial

C. Discovery Request Checklist Preparing the client for Deposition

PART THREE

CAUSES OF ACTION

Chapter 11-FALSE ARREST

A. Elements of a False Arrest Claim

1. Intent to Confine

2. Consciousness of Confinement

3. Lack of consent to the Confinement

4. No Privilege to Confine

a. In General

b. Arrests Pursuant to An Arrest Warrant

c. Arrests Without a Warrant

d. Other Types of Confinement

Chapter 12-ASSAULT AND BATTERY/EXCESSIVE FORCE

Chapter 13-NEGLIGENCE

1. Duty to Use Reasonable Care

2. Breach of Duty

3. Proximate Cause

Chapter 14-MALICIOUS PROSECUTION

A. Elements

B. Commencement or Continuation of a Proceeding

C. Favorable Termination of the Proceedings

D. Lack of Probable Cause Malice

PART FOUR

FORMS (on 3.5" diskette)

Chapter 15-SAMPLE NOTICE OF CLAIMS

• FORM 1: Notice of Claim for False Arrest

• FORM 2: Notice of Claim for Malicious Prosecution

• FORM 3: Notice of Claim for False Arrest and Malicious Prosecution Case

• FORM 4: Leave to File Late Notice of Claim for Malicious Prosecution After Serving Timely Notice of Claim for False Arrest

• FORM 5: Petition for Leave to File Late Notice of Claim for False Arrest and Malicious Prosecution After Favorable Termination of Criminal Charges

Chapter 16-SAMPLE DEMANDS FOR DISCOVERY

• FORM 6: Discovery Demand

• FORM 7: Examination Before Trial of Police Officer or Store Detective Checklist

Chapter 17-SAMPLE COMPLAINTS

• FORM 8: Action in State Court for False Arrest, Assault and Battery, Negligence in Training, Supervising and Performance of Duties, Malicious Prosecution and Violation of Civil Rights Pursuant to 42 U.S.C. § 1983

• FORM 9: Claim in Federal Court for False Arrest, Assault and Battery, Negligence in Hiring, Training and Performance of Duties, Malicious Prosecution and Violation of Civil Rights Pursuant to 42 U.S.C. § 1983

• FORM 10: Complaint for False Arrest, Assault and Battery, Deprivation of Civil Rights and Punitive Damages Against Municipality and Police Officers for Arresting Plaintiff Without a Warrant or Other Legal Process

• FORM 11: Complaint in Action Against Store Owner and Employee for False Imprisonment and Assault and Battery of Customer Accused of Shoplifting

• FORM 12: Complaint in Action for False Arrest Against Corporation and Employee Who Caused a Police Officer to Arrest Plaintiff Without Warrant for Theft of a Vehicle

• FORM 13: Malicious Prosecution Action Against Municipality

• FORM 14: Malicious Prosecution Action Where Arrest Made Pursuant to a Valid Warrant

Book Overview