Officer X, a police officer, violated a court order by refusing to arrest Y, a husband against whom a restraining order had been issued by the court. Officer X's refusal resulted in serious injury to Y's wife and daughter. A case is brought against Officer X alleging a violation of Section 1983 and a violation of state tort law.

Answers

Answer 1

This police officer is only liable under the state tort law.

Being liable means you are responsible to act in a certain way under a specific law, and therefore, breaking a law has legal consequences for you.

In countries, such as the United States where there are federal and state laws, liability for each of these might vary.

In the case presented the officer is liable under the Kansas state tort law but not under the federal law. Here are the reasons:

Kansas state tort law: This law states government entities and their employees are responsible for omission or wrongful acts. This applies to the police officer because as an employee of the Kansas police he did not act based on protocols and this caused damage.Section 1983: This allows individuals to sue employees from government entities in cases these employees went beyond the boundaries of their authority. This does not apply to the officer because the problem was omission rather than going beyond his authority.

Note: This question is incomplete; here is the missing section.

A case is brought against Officer X alleging a violation of Section 1983 (federal law) and a violation of Kansas state tort law. Will Officer X be liable under one or both of these laws?

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Related Questions

According to Goldstein, what is the proper role of politics in policing, and what is an improper role?


Criminal justice masterworks : a history of ideas about crime, law, police, and corrections

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According to Herman Goldstein, the proper role of politics in policing is allocating resources to ensure adequate problem-oriented policing followed by close monitoring of police activities.

Political influences should not have a place in policing a society. According to Goldstein, policing is itself an aberration in a free society. Adding politics to the activities of the police department will decrease society's freedom and individual liberty and complicate societal relationships.

In dealing with crime and law enforcement, police should be mindful of social and physical disorders and help the government curtail such occurrences. The improper role of politics in policing occurs when policing is used by politicians to subject opposition members to oppression or harassment.

Thus, the proper role of politics in policing is to ensure that there are adequate resources for policing, monitoring the outcome of policing in the society, and not intervening in policing based on political affiliations.

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What is the difference between precedent and law

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Answer:

Precedent is only constitutive. A judge is bound by the precedent of the higher courts and the enacted law. If a precedent checks the operation of a rule it is only on the ground that it is not law. But, when a rule is established as law, a precedent cannot abrogate it.

Explanation:

thành viên hopej danh có thể là cá nhân hoặc tổ chức có tư cách pháp nhân là đúng hay sai

Answers

Thật. Một cá nhân hoặc tổ chức sở hữu các quyền pháp lý riêng biệt và riêng biệt, chẳng hạn như cá nhân, công ty hợp danh hoặc công ty. Một thực thể, trong số những thứ khác, có thể sở hữu tài sản, tham gia kinh doanh, ký kết hợp đồng, nộp thuế, khởi kiện và bị kiện

Cases about issues that come up in cities and towns (like traffic violations or landlord-tenant issues) are heard in:
Federal Courts
State Courts
The U.S. Supreme Court

Answers

The answer is Federal Courts

Badger Bank and Trust (Badger) is a community bank in Oshkosh, Wisconsin. Badger loaned $5,000 to Plessy and charged him an interest rate that was five (5) percent higher than the statutorily- allowed maximum. This loan would be considered____.
a. usurious
b. fraudulent
c. valid, since Badger can determine what potential profit is necessary to compensated it and its owners for the assumed risk
d. voidable at the election of Badger
e. void at the election of Plessy​

Answers

Based on the rate charged to Plessy, we can determine that this loan is a. usurious.

When a loan is usurious:

It means that the interest charged is exorbitant It is considered immoral It can be considered illegal if it is above the rate required by law for such loans.

The interest charged is 5% higher than what the law allows here which means that the rate must be quite high.

We can therefore conclude that this loan is usurious and action can be taken against it.

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Would you be willing to volunteer on a community reparation board why or why not

Answers

Answer:

Explanation:

Yes because volenteering helps us grow as a better community

Answer:

Yes, because I love law in general, and working a job like that would make be tremendous.

If you're wondering, a community reparation board is...

A community restorative board  is a small group of people, prepared for this role by intensive training, who participate in public meetings with offenders sentenced by the court to participate in the process.I hope this helped at all.

Trình bày ý nghĩa lịch sử của học thuyết Mác – Lenin về giải thích tính giai cấp, tính xã hội của nhà nước

Answers

Explanation:

Học thuyết về Nhà nước của Chủ nghĩa Marx-Lenin hay còn gọi là Lý luận về Nhà nước và Pháp luật của Chủ nghĩa Marx-Lenin là hệ thống những kiến thức của chủ nghĩa Marx-Lenin về những quy luật phát sinh, phát triển đặc thù, những đặc tính chung và biểu hiện quan trọng nhất của nhà nước nói chung và nhà nước Xã hội chủ nghĩa nói riêng.[1] Tập trung vào phân tích nguồn gốc và bản chất của nhà nước, Lý luận của những người Marxist đi sâu nghiên cứu về nhà nước một cách tổng thể những vấn đề chung nhất về bản chất, chức năng, vai trò của nhà nước, hình thức nhà nước, bộ máy nhà nước và làm sáng tỏ mối quan hệ giữa các bộ phận trong thượng tầng kiến trúc chính trị-pháp lý với các tổ chức xã hội, giữa nhà nước với cá nhân.

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