Civil Procedure & Litigation Flashcards

An officer is deposed in a civil lawsuit arising from an arrest. Which statement about deposition testimony is correct?

Answer: Deposition testimony is given under oath and can be used to impeach at trial

Deposition testimony is sworn testimony that can be used at trial to impeach a witness if their trial testimony is inconsistent with deposition answers.

A court issues an injunction ordering a police department to change its use-of-force policy. Failure to comply with the injunction could result in:

Answer: Contempt of court, which may include fines or other sanctions

Violating a court injunction constitutes contempt of court, which can result in monetary sanctions, fines, or other penalties against the department or its officials.

What type of damages compensates a plaintiff for actual losses such as medical expenses and lost wages in a civil lawsuit against police?

Answer: Compensatory damages

Compensatory damages are designed to make the plaintiff whole by reimbursing them for actual economic and non-economic losses caused by the defendant's conduct.

When can punitive damages be awarded against a police officer in a federal civil rights case?

Answer: When the officer's conduct was motivated by evil motive or reckless disregard for rights

Punitive damages in § 1983 cases may be awarded when the officer's conduct showed reckless or callous indifference to federally protected rights, or was motivated by evil intent.

A plaintiff files a Bivens claim against a federal officer. How does a Bivens action differ from a § 1983 claim?

Answer: Bivens applies to federal officers; § 1983 applies to state and local officers

Bivens actions allow suits against federal officials for constitutional violations, while § 1983 provides a cause of action against state and local government officials.

During pre-trial litigation, the defense files a motion for summary judgment. What does this motion argue?

Answer: That there is no genuine dispute of material fact and the defense is entitled to judgment as a matter of law

A motion for summary judgment argues that the undisputed facts, viewed in the light most favorable to the non-moving party, entitle the movant to win without a full trial.

A police officer's incident report is subpoenaed for a civil trial. The report contains information about a confidential informant. The department should:

Answer: Seek a protective order or in camera review to protect the informant's identity while complying with discovery

Departments can seek a protective order or request the judge review the document privately (in camera) to balance discovery obligations with the informant privilege.