Policing and Public Transportation (2022)

Below is the uncorrected machine-read text of this chapter, intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text of each book. Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.

2 TCRP LRD 58 CONTENTS Introduction, 5 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 I. Policing by Public Transportation Authorities and Civil Rights Claims under 42 U.S.C. § 1983, 5 A. Introduction, 5 B. “Persons” Potentially Liable in a § 1983 Action, 6 C. Concurrent Jurisdiction of Federal and State Courts of § 1983 Actions, 6 D. Elements a Plaintiff must Prove in a § 1983 Action, 7 II. Prerequisites for Liability of Public Transportation Authorities in § 1983 Actions, 7 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 B. Liability of a Public Transportation Authority under § 1983 for “Deliberate Indifference”, 9 III. Whether Law Enforcement Officers Have Qualified Immunity to § 1983 Claims, 10 A. Elements of the Qualified Immunity Defense, 10 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 IV. Whether a Police Officer’s Mistake of Fact or Law Is a Violation of the Fourth Amendment, 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 V. Liability under the Fourth Amendment in § 1983 Actions for False Arrest or False Imprisonment, 15 A. Required Elements to Prove False Arrest or False Imprisonment, 15 B. An Arrest Compared to an “Investigative Stop”, 15 C. Whether a Finding of Probable Cause for an Arrest Precludes a § 1983 Claim for False Arrest, 16 VI. Liability under the Fourth Amendment in § 1983 Actions for Unlawful Searches and Seizures of Property, 17 A. Whether a Search of a Person or Person’s Property Is Consensual, 17 B. The Exclusionary Rule and Exceptions to the Rule, 18 C. The Attenuation Doctrine, 18 D. The Special Needs Doctrine, 20 E. Whether a Fare Sweep Is Constitutional under the Fourth and Fourteenth Amendments, 22 F. Whether Video Surveillance of Persons in a Public Space Violates the Fourth Amendment, 24 VII. Liability under the Fourth Amendment in § 1983 Actions for Use of Excessive Force, 24 A. Whether the Force Used Was “Objectively Unreasonable”, 24 B. Factors that Determine Whether the Force Used Was Excessive, 24 C. Use of Excessive Force and Qualified Immunity, 25 VIII. Liability under the Fourth Amendment in § 1983 Actions for Malicious Prosecution or Abuse of Process, 26 A. Elements of a § 1983 Action for Malicious Prosecution, 26 B. Elements of a § 1983 Action for Malicious Abuse of Process, 26