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BCCO PCT #4 PowerPoint

Supervisors Leadership (24hrs) TCOLE Course # 3737. AND. UNIT SEVEN. BCCO PCT #4 PowerPoint. BCCO PCT #4 PowerPoint. UNIT SEVEN. 7.0 LIABILITY and CIVIL RIGHTS ISSUES, Texas Law & TCOLE Rules. Learning Objectives.

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BCCO PCT #4 PowerPoint

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  1. Supervisors Leadership (24hrs) TCOLE Course # 3737 AND UNIT SEVEN BCCO PCT #4 PowerPoint BCCO PCT #4 PowerPoint

  2. UNIT SEVEN 7.0 LIABILITY and CIVIL RIGHTS ISSUES, Texas Law & TCOLE Rules

  3. Learning Objectives Learning Objective 7.0: The participant will be empowered to list and explain Liability And Civil Rights Issues. Learning Objective 7.1: The participant will be able to discuss the difference between civil and criminal accountability. Learning Objective 7.2: The participant will be enabled to list and explain the basics of civil rights issues

  4. 7.1 Difference between civil and criminal law A. Introduction 1. Issues/accountabilities a. Litigious Society

  5. 7.1 Difference between civil and criminal law – Cont’d A. Introduction 2.Differences between criminal and civil process NOTE: Discuss time frames, penalties, etc.

  6. 7.1 Difference between civil and criminal law – Cont’d B.Historical 1.Overview a. Civil/Tort Action (Texas Tort Claims Act; Penal Code; Civil Practices & Remedies Code)

  7. 7.1 Difference between civil and criminal law – Cont’d B.Historical 1.Overview b. Federal Civil Rights Action (42 USC & 1983; 18 USC & 242, 243)

  8. 7.1 Difference between civil and criminal law – Cont’d B.Historical 1.Overview c. Discrimination in the Workplace (Title VII, ADEA; ADA;

  9. 7.1 Difference between civil and criminal law – Cont’d B.Historical 2. Employer/Employee Liability a. Employer (Section 180)

  10. 7.1 Difference between civil and criminal law – Cont’d B.Historical 2. Employer/Employee Liability a. Employer (Section 180 Local Government Code)

  11. 7.1 Difference between civil and criminal law – Cont’d B.Historical 2. Employer/Employee Liability a. Employer (Section 180 Local Government Code) (1) 180.001 Coercion of Police Officer or Fire Fighter in Connection With Political Campaign

  12. 7.1 Difference between civil and criminal law – Cont’d B.Historical - 2. Employer Employee Liability - a. Employer (Section 180 Local Government Code) (2) 180.002 Defense of Civil Suites Against Peace Officers, Fire Fighters, and Emergency Medical Personnel

  13. 7.1 Difference between civil and criminal law – Cont’d B.Historical - 2. Employer Employee Liability – b. Employee (Chapter 102 Civil Practices & Remedies Code) (1) 102.001 Definitions

  14. 7.1 Difference between civil and criminal law – Cont’d B.Historical - 2. Employer Employee Liability – b. Employee (Chapter 102 Civil Practices & Remedies Code)- Cont’d (2) 102.002 Payment of Certain Tort Claims

  15. 7.1 Difference between civil and criminal law – Cont’d B.Historical - 2. Employer Employee Liability – b. Employee (Chapter 102 Civil Practices & Remedies Code)- Cont’d (3) 102.006 Other Laws Not Affected

  16. Discuss allegations vs. fact NOTE:

  17. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit NOTE: Discuss allegations vs. fact 1. Process a. Claim

  18. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit NOTE: Discuss allegations vs. fact 1. Process – Cont’d b. Summons and Complaint

  19. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit NOTE: Discuss allegations vs. fact 1. Process – Cont’d c. Discuss time limits

  20. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit NOTE: Discuss allegations vs. fact 1. Process d. Request for representation

  21. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit 1. Process – Cont’d e.Discovery (1) Interrogatories

  22. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit 1. Process – Cont’d e.Discovery (2) Request for production of documents (reports; manuals, photos, tapes)

  23. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit 1. Process – Cont’d e. Discovery (3) Request for admissions

  24. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit 1. Process – Cont’d e.Discovery (4) Depositions (testimony under oath)

  25. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit 1. Process – Cont’d e.Discovery (4) Depositions (testimony under oath) (a) Proper preparation

  26. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit 1. Process – Cont’d e. Discovery (4) Depositions (testimony under oath) (b) Demeanor (attitude; dress; vocabulary

  27. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit 1. Process – Cont’d e. Discovery (4) Depositions (testimony under oath) (c) Use at trial (impeachment)

  28. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit 1. Process – Cont’d e. Discovery (4) Depositions (testimony under oath) (c) Use at trial (impeachment) (5) Personnel

  29. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit 1. Process – Cont’d f. Settlement vs. Trial (economics; policy change; damages)

  30. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit 2.Conduct a. Intentional (1) Assault/Battery

  31. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit 2.Conduct a. Intentional (2) False imprisonment

  32. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit 2.Conduct a. Intentional (3) Trespass (usually a Fourth Amendment issue)

  33. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit 2.Conduct a. Intentional (4) Defamation

  34. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit 2.Conduct a. Intentional (5) Emotional stress

  35. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit 2.Conduct – Cont’d b. Negligence/General (1) Elements (duty, breach, causation, damages)

  36. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit 2.Conduct – Cont’d b. Negligence/General (2) Policy violations

  37. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit 2.Conduct – Cont’d b. Negligence/General (3) Special relationships

  38. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit 2.Conduct – Cont’d c.Negligence/Supervisor (Must be affirmative link between the action of subordinate and negligence of supervisor for vicarious liability to be found)

  39. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit 2.Conduct – c. Negligence Supervisor (1) Negligencein appointment

  40. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit 2.Conduct – c.Negligence Supervisor (1) Negligence in appointment (a) Individuals were hired who did not meet hiring standards

  41. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit 2.Conduct – c.Negligence Supervision (1) Negligencein appointment (b) Knew or should have known

  42. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit 2.Conduct – c.Negligence Supervision (1) Negligencein appointment (c) Reasonable care

  43. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit 2.Conduct – c. Negligence Supervisor (2) Negligence in retention (a) Knew or should have known of misconduct and failed to discharge the Deputy Constable (Or Officer)

  44. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit 2.Conduct – c.Negligence Supervisor (2) Negligence in retention (b) Knowledge arisen from prior acts of misconduct demonstrating a propensity for violence, trustworthiness

  45. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit 2.Conduct – c. Negligence Supervisor (2) Negligence in retention (c) Knew or should have known of the officer being physically or psychologically unfit for duty or reassignment

  46. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit 2.Conduct – c. Negligence Supervisor (3) Negligence in assignment (a) Unfit for a particular assignment and you knew or should have known and you failed to assign that officer to a suitable post

  47. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit 2.Conduct – c. Negligence Supervisor (3) Negligence in assignment (b) Such failure proximately caused the harm or injury

  48. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit 2.Conduct – c. Negligence Supervisor (4) Negligence in supervision (a) Affirmative duty to supervise employees and failure to do so created a foreseeablerisk of harm to others

  49. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit 2.Conduct – c. Negligence Supervisor (5) Negligence in entrustment (a) Failed to exercise due care in entrusting an unfit employee with a chattel (gun, car, badge, or ID)

  50. 7.1 Difference between civil and criminal law – Cont’d C.Anatomy of a Civil Lawsuit 2.Conduct – c. Negligence Supervisor (6) Negligence in training (a) Affirmative obligation to train officers in the use of the tools of their profession

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