Phrases to Learn

  1. deliberate indifference: the conscious or reckless disregard of the consequences of one’s acts or omissions. It entails something more than negligence, but is satisfied by something less than acts or omissions for the very purpose of causing harm or with knowledge that harm will result.
  2. clearly established: means that “[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.”
  3. shock the conscience: A phrase that can refer to any situation that seems grossly unjust to the observer. Judges often use this phrase as a test to determine which situations are so unjust or wrong that the court must intervene. If some event shocks the conscience of the court, the court will look for some remedy to fix the problem.
  4. willful misconduct: is considered an act of wanton or willful disregard of the employer’s interests, the deliberate violation of rules, the disregard of standards of behavior that an employer can rightfully expect from an employee, or negligence that manifests culpability, wrongful intent, evil design, or intentional.
  5. qualified immunity: is a legal principle that grants government officials performing discretionary functions immunity from civil suits unless the plaintiff shows that the official violated “clearly established statutory or constitutional rights of which a reasonable person would have known”.
  6. color of law: refers to an appearance of legal power to act that may operate in violation of law. For example, if a police officer acts with the “color of law” authority to arrest someone, the arrest, if it is made without probable cause, may actually be in violation of law.

 

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This post was created by support on January 1, 2021.