TCRP LRD 58: Policing and Public Transportation (1-1)

CONTENTS (2-2)

CONTENTS Continued (3-3)

CONTENTS Continued (4-4)

POLICING AND PUBLIC TRANSPORTATION (5-4)

INTRODUCTION (5-4)

PART I Civil Rights Claims under 42 U.S.C. 1983, Prerequisites for Liability of Public Transportation Authorities, Qualified Immunity of Police Officers, and the Effect of a Police Officer s Mistake of Fact or Law on Liability under 1983 (5-4)

I. POLICING BY PUBLIC TRANSPORTATION AUTHORITIES AND CIVIL RIGHTS CLAIMS UNDER 42 U.S.C. 1983 (5-4)

A. Introduction (5-5)

B. Persons Potentially Liable in a 1983 Action (6-5)

C. Concurrent Jurisdiction of Federal and State Courts of 1983 Actions (6-6)

D. Elements a Plaintiff must Prove in a 1983 Action (7-6)

II. PREREQUISITES FOR LIABILITY OF PUBLIC TRANSPORTATION AUTHORITIES IN 1983 ACTIONS (7-6)

A. Liability of a Public Transportation Authority for a Claim Caused by a Policy or Custom of a Public Transportation Authority that Violates 1983 (7-8)

B. Liability of a Public Transportation Authority under 1983 for Deliberate Indifference (9-9)

III. WHETHER LAW ENFORCEMENT OFFICERS HAVE QUALIFIED IMMUNITY TO 1983 CLAIMS (10-9)

A. Elements of the Qualified Immunity Defense (10-12)

B. Whether Qualified Immunity Exists when a Reasonable Officer would or should Have Recognized that Extreme Circumstances attendant a Defendant s Arrest or Confinement likely Violate the Constitution (13-13)

IV. WHETHER A POLICE OFFICER S MISTAKE OF FACT OR LAW IS A VIOLATION OF THE FOURTH AMENDMENT (14-14)

PART II Liability under 1983 for Alleged False Arrest or False Imprisonment, Unlawful Searches and Seizures, Use of Excessive Force, Malicious Prosecution or Abuse of Process, Invasion of Privacy, or Failure of an Officer to Intervene to Prevent Another Officer s Civil Rights Violations (15-14)

V. LIABILITY UNDER THE FOURTH AMENDMENT IN 1983 ACTIONS FOR FALSE ARREST OR FALSE IMPRISONMENT (15-14)

A. Required Elements to Prove False Arrest or False Imprisonment (15-14)

B. An Arrest Compared to an Investigative Stop (15-15)

C. Whether a Finding of Probable Cause for an Arrest Precludes a 1983 Claim for False Arrest (16-16)

VI. LIABILITY UNDER THE FOURTH AMENDMENT IN 1983 ACTIONS FOR UNLAWFUL SEARCHES AND SEIZURES OF PROPERTY (17-16)

A. Whether a Search of a Person or a Person s Property Is Consensual (17-17)

B. The Exclusionary Rule and Exceptions to the Rule (18-17)

C. The Attenuation Doctrine (18-19)

D. The Special Needs Doctrine (20-21)

E. Whether a Fare Sweep Is Constitutional under the Fourth and Fourteenth Amendments (22-23)

F. Whether Video Surveillance of Persons in a Public Space Violates the Fourth Amendment (24-23)

VII. LIABILITY UNDER THE FOURTH AMENDMENT IN 1983 ACTIONS FOR THE USE OF EXCESSIVE FORCE (24-23)

A. Whether the Force Used Was Objectively Unreasonable (24-23)

B. Factors that Determine Whether the Force Used Was Excessive (24-24)

C. Use of Excessive Force and Qualified Immunity (25-25)

VIII. LIABILITY UNDER THE FOURTH AMENDMENT IN 1983 ACTIONS FOR MALICIOUS PROSECUTION OR ABUSE OF PROCESS (26-25)

A. Elements of a 1983 Action for Malicious Prosecution (26-25)

B. Elements of a 1983 Action for Malicious Abuse of Process (26-26)

IX. LIABILITY UNDER THE FOURTH AMENDMENT IN 1983 ACTIONS FOR VIOLATING AN INDIVIDUAL S POSSESSORY AND/OR PRIVACY RIGHTS IN PERSONAL PROPERTY (27-26)

A. Individuals Possessory Rights in their Personal Property under the Fourth Amendment (27-27)

B. Right to Privacy in Personal Property under the Fourth Amendment (28-28)

C. Due Process Requirements of the Fourth Amendment that Apply to the Seizure and/or Disposal of Personal Property (29-29)

X. LIABILITY UNDER THE FOURTH AMENDMENT IN 1983 ACTIONS FOR A POLICE OFFICER S FAILURE TO INTERVENE TO PREVENT ANOTHER POLICE OFFICER FROM VIOLATING AN INDIVIDUAL S CIVIL RIGHTS (30-29)

A. Liability of a Police Officer for Failure to Intervene (30-30)

B. Liability of a Transportation Authority for Failure to Train a Police Officer (31-31)

PART III Liability in 1983 Actions for Denial of Due Process or Denial of the Equal Protection of the Law (32-31)

XI. LIABILITY FOR DENIAL OF DUE PROCESS UNDER THE FOURTEENTH AMENDMENT IN 1983 ACTIONS (32-31)

A. Due Process Claims under 1983 for Violating an Accused s Right to a Fair Trial (32-31)

B. Section 1983 Claims for Denial of Procedural Due Process (32-32)

C. Section 1983 Actions Challenging Laws for Being Unconstitutionally Vague or Overbroad (33-33)

XII. LIABILITY OF PUBLIC TRANSPORTATION AUTHORITIES IN 1983 ACTIONS FOR THE DENIAL OF THE EQUAL PROTECTION OF THE LAW BASED ON DISPARATE TREATMENT OR DISPARATE IMPACT (34-33)

A. Liability for Disparate Treatment (34-33)

B. Selective Prosecution in Violation of the Equal Protection Clause (34-34)

C. Liability for Disparate Impact (35-35)

D. Liability for Racial Profiling (36-36)

XIII. LIABILITY UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR DISPARATE TREATMENT OR DISPARATE IMPACT (37-36)

A. Introduction (37-36)

B. Liability of Public Transportation Authorities for Disparate Treatment (37-37)

C. Liability of Public Transportation Authorities for Disparate Impact (38-37)

PART IV Liability of Public Transportation Authorities in 1983 Actions on Behalf of Homeless Persons (38-37)

XIV. LIABILITY UNDER THE EIGHTH AMENDMENT IN 1983 ACTIONS CHALLENGING LAWS DIRECTED AT THE HOMELESS (38-39)

PART V Policing and 1983 Claims Arising under the Second Amendment (40-39)

XV. THE SECOND AMENDMENT AND WHETHER PUBLIC TRANSPORTATION AUTHORITIES MAY REGULATE OR PROHIBIT THE POSSESSION OF FIREARMS (40-39)

A. Whether Public Transportation Authorities May Regulate or Prohibit the Carrying of Firearms in or on their Facilities (40-40)

B. Section 1983 Claims Arising out of Interstate Travel with a Firearm (41-41)

PART VI Liability of a Public Transportation Authority as a Common Carrier for Negligent Policing (42-41)

XVI. WHETHER A PUBLIC TRANSPORTATION AUTHORITY AS A COMMON CARRIER IS SUBJECT TO A HIGHER STANDARD OF CARE IN ITS POLICING (42-42)

PART VII Public Transportation Authorities and Public Health and Safety (43-42)

XVII. PUBLIC TRANSPORTATION AUTHORITIES COMPLIANCE WITH PUBLIC HEALTH AND SAFETY MEASURES (43-42)

A. Federal Agencies Orders during the COVID-19 Pandemic Requiring the Wearing of Face Masks when Using Public Transportation (43-43)

B. Compliance with State and Local Face Mask Mandates (44-44)

PART VIII Public Transportation Authorities Effective Use of Public Relations, Law Enforcement Organization and Contractual Structures, and Administration of Law Enforcement and Training (45-44)

XVIII. PUBLIC TRANSPORTATION AUTHORITIES EFFECTIVE USE OF COMMUNITY POLICING AND PUBLIC RELATIONS (45-45)

XIX. PUBLIC TRANSPORTATION AUTHORITIES LAW ENFORCEMENT ORGANIZATION AND CONTRACTUAL STRUCTURES, INCLUDING INTER-AGENCY AND INTER-FORCE AGREEMENTS (46-45)

XX. PUBLIC TRANSPORTATION AUTHORITIES AGREEMENTS AND STRATEGIES FOR EFFECTIVE ADMINISTRATION OF LAW ENFORCEMENT AND TRAINING (46-45)

A. Agreements and Intergovernmental Agreements for Police Assistance Services (46-47)

B. Memorandum of Understanding for Police Services (48-47)

C. Model Policy for Enhanced Transit Policing (48-47)

PART IX Best Practices for Policing by Public Transportation Authorities (48-47)

XXI. PUBLIC TRANSPORTATION AUTHORITIES BEST PRACTICES FOR POLICING (48-47)

A. Best Practices for Policing Stations, Vehicles, and Other Property (48-48)

B. Best Practices to Consider regarding Fare Collection and the Prevention of Fare Evasion (49-50)

CONCLUSION (51-52)

APPENDIX A: Agreements, Policies, Reports, And Other Documents Provided By Public Transportation Authorities For The Report (53-54)

TCRP ACKNOWLEDGMENTS (55-56)