Understanding Civil Liability for Criminal Justice Managers
READING
Chapter 1 (Fundamentals of Risk Management) and Chapter 2 (Intentional Torts) in
Girod, R. J. (2014). Police liability and risk management: Torts, civil rights, and employment law. Boca Raton, FL: Taylor & Francis Group.
OTHER READINGS
https://www.law.cornell.edu/citation/
http://www.citationmachine.net/bluebook-law-review/cite-a-book
INSTRUCTION
- While the actions that give rise to a civil liability claim arise long before they are brought to court, the legal action itself normally starts with the filing of a lawsuit. The steps generally required to commence a civil action are set out in Chapter 1. This first assignment involves a little bit of research but will help “personalize” our discussions based upon the state you reside in (Virginia). [unique_solution]
**If a plaintiff seeks to file a lawsuit against a law enforcement officer, the plaintiff must commence the lawsuit. Each state has specific rules that govern how a lawsuit is commenced, what court the lawsuit must generally be brought in, and how the defendant is to be served with the lawsuit. For example, a lawsuit is commenced in federal court when the plaintiff files a summons and complaint. The complaint must set forth the allegations made by the plaintiff against the defendant, the basis for federal jurisdiction, and a demand for relief. The Federal Rules of Civil Procedure (in particular Fed. R. Civ. P. 4 (e)) set forth the manner in which the summons and complaint must be served upon the defendant. The statute of limitations for an intentional tort filed in federal court is the same period that the state in which the federal court sits uses. (A federal court sitting in Nebraska will use the Nebraska statute of limitations).
In a 3 page paper in APA format, please address the following in the order listed:
- 1. Based upon your state of residence (VIRGINIA), research and identify
(a) what state court is the court of general jurisdiction that a claim involving an intentional tort would be brought in
(b) how is such a civil action commenced
(c) what methods of service are generally permitted by state law, and
(d) the applicable statute of limitations for an intentional tort.
- Describe the state court structure – what courts are above the state trial court that you would file your civil case in? What courts would hear an appeal in a civil action involving an intentional tort?
- 3. In your paper also identify the federal district and federal circuit you reside in.
- 4. Use APA format and proper legal citations. Feel free to copy statutory language in your paper, but the language should not be more than 50% of the text for this assignment.
NOTE: Citation should include required reading