Policy Text
c. If you act in your Official capacity,
1. STATUTORY AUTHORITY TO ARREST you are acting under Color of State
(or local) Law, and if your conduct
Florida Law vests any full or part-time Law results in the deprivation of any
Enforcement Officer, as outlined in Chapter Constitutionally guaranteed rights,
943.10(1), Florida State Statutes, the right to bear you could be liable not only for
arms and make arrests. This authority is vested in actual damages, but for punitive
Hallandale Beach Police Officers by the Constitution damages if the element of malice is
of the State of Florida, and the Florida Statutes. shown. Not only are improper acts
committed under the Color of Law
11. POLICE LIABILITY UNDER FEDERAL LAW actionable, but also any act pursuant
to local custom or usage that deprives
Whenever an individual interferes with another's a person of their Federal
rights, there is a possibility of civil or criminal constitutional rights.
sanctions. The Federal Law in this area has been
termed, "The Civil Rights Act," and it is divided into d.
If you arrest without probable cause,
two areas, civil and criminal; each with its own you could be liable. However, you
unique defmitions. are not liable for enforcing any Law
that is later declared unconstitutional.
A. Even if the defendant was convicted
Civil Liability
in State Court in connection with a
The following Federal actions are civil in transgression (e.g., Resisting Arrest,
nature: Burglary, or any crime incidental);
this is not an available defense,
1. U.S. Code, Title 42, Section 1983: which would shield you from
liability.
"Every person who, under the color of any
Statute, Ordinance, regulation, custom, or e. The act complained of need not have
usage, of any State or Territory, or the been willfully committed for liability
District of Columbia, subjects or causes to to attach. Nor is it necessary to
be subjected, any citizen of the United prove specific intent to deprive the
States or other person within the plaintiff of a Federal Right.
jurisdiction thereof to the deprivation of
any rights, privileges, or immunities f. You are not liable for those acts
secured by the Constitution and Laws, will which are purely ministerial in
be liable to the party injured in an action nature, such as the serving of
at
Law, suit in equity, or other proper warrants (Search or Arrest) pursuant
proceeding for redress." to a Court Order unless you exceeded
your authority.
a. A plaintiff who can prove actual
damages in a Section 1983 suit is
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