Policing and Public Transportation (2022)

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TCRP LRD 58 3 PART IV - Liability of Public Transportation Authorities in § 1983 Actions on Behalf of Homeless Persons, 38 XIV. Liability under the Eighth Amendment in § 1983 Actions Challenging Laws Directed at the Homeless, 38 PART V - Policing and § 1983 Claims Arising under the Second Amendment, 40 XV. The Second Amendment and Whether Public Transportation Authorities May Regulate or Prohibit the Possession of Firearms, 40 A. Whether Public Transportation May Regulate or Prohibit the Carrying of Firearms in or on their Facilities, 40 B. Section 1983 Claims Arising out of Interstate Travel with a Firearm, 41 PART VI - Liability of a Public Transportation Authority as a Common Carrier for Negligent Policing, 42 XVI. Whether a Public Transportation Authority as a Common Carrier Is Subject to a Higher Standard of Care in Its Policing, 42 PART VII - Public Transportation Authorities and Public Health and Safety, 43 XVII. Public Transportation Authorities’ Compliance with Public Health and Safety Measures, 43 A. Federal Agencies’ Orders during the COVID-19 Pandemic Requiring the Wearing of Face Masks when using Public Transportation, 43 B. Compliance with State and Local Face Mask Mandates, 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 XVIII. Public Transportation Authorities’ Effective Use of Community Policing and Public Relations, 45 XIX. Public Transportation Authorities’ Law Enforcement Organization and Contractual Structures, Including Inter-Agency and Inter- Force Agreements, 46 IX. Liability under the Fourth Amendment in § 1983 Actions for Violating an Individual’s Possessory and/or Privacy Rights in Personal Property, 27 A. Individuals’ Possessory Rights in their Personal Property under the Fourth Amendment, 27 B. Right to Privacy in Personal Property under the Fourth Amendment, 28 C. Due Process Requirements of the Fourth Amendment that Apply to the Seizure and/or Disposal of Personal Property, 29 X. Liability under the Fourth Amendment in § 1983 Actions for a Police Officer’s Failure to Intervene to Prevent Another Officer from Violating an Individual’s Civil Rights, 30 A. Liability of a Police Officer for Failure to Intervene, 30 B. Liability of a Transportation Authority for Failure to Train a Police Officer, 31 PART III - Liability in § 1983 Actions for Denial of Due Process or Denial of the Equal Protection of the Law, 32 XI. Liability for Denial of Due Process under the Fourteenth Amendment in § 1983 Actions, 32 A. Due Process Claims under § 1983 for Violating an Accused’s Right to a Fair Trial, 32 B. Section 1983 Claims for Denial of Procedural Due Process, 32 C. Section 1983 Actions Challenging Laws for Being Unconstitutionally Vague or Overbroad, 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 A. Liability for Disparate Treatment, 34 B. Selective Prosecution in Violation of the Equal Protection Clause, 34 C. Liability for Disparate Impact, 35 D. Liability for Racial Profiling, 36 XIII. Liability under Title VI of the Civil Rights Act of 1964 for Disparate Treatment or Disparate Impact, 37 A. Introduction, 37 B. Liability of Public Transportation Authorities for Disparate Treatment, 37 C. Liability of Public Transportation Authorities for Disparate Impact, 38