Act as a legal advisor writing a memo advising the Police Chief or Sheriff as to below issues. As to geographic location information you should use, use your CURRENT physical location (ie. where you live in the USA to answer the below questions and assume the law enforcement agency is located in your same physical location). Your memo should be marked “Confidential/Attorney Client Privilege”.
1. If the police agency gets sued, what is the individual State Court System Website and copy/paste its hyperlink. [each state court system has an official website–you must use that site] How many courts of appeals does your State court system have? Which State court of appeals is your home located in?
2. Go to www.uscourts.gov (US Federal Court System Official website) If the police agency gets sued in federal court, which Federal Trial Court (lowest level federal court) covers your home town or current residence location should the agency be sued in that jurisdiction. If the police agency gets sued in federal court, identify which Federal District Court of Appeals your particular state falls under its jurisdiction.
3. If the police agency gets sued, it is important to understand your particular State’s frivolous lawsuit statute or rule. Find it, cite it and explain what it says and also copy/paste its link. Describe the penalties for the filing of a frivolous lawsuit in your home State.
4. If the police agency gets sued it is always important to understand the statute of limitations in your State. Find the statute of limitations in your state and cite it and provide the hyperlink to it. Then, give the statute of limitations for three (3) different types of a State civil lawsuit claims (like battery, assault, theft, breach of contract, negligence, conversion, medical malpractice etc…) that a police agency may be exposed to and NOT criminal acts (DUI, Murder, Rape etc…)
5. If the police agency gets sued in federal court, the case may be dismissed based on the federal court not having “subject matter jurisdiction”. What does that mean? In your explanation include a discussion as to what types of cases that can be heard in federal court (ie. federal courts have limited jurisdiction and can hear only hear cases that trigger their limited jurisdiction). If the police agency gets sued, the plaintiff must carry the burden of proof to what legal standard to prove their claim?
