Civil Law Security Services

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Copyright © Texas Education Agency, All rights reserved. Images and other multimedia content used with permission. Probable Cause Apparent facts Discovered through logical inquiry Would lead a reasonably intelligent and prudent person to believe that an accused person has committed a crime Warranting his or her prosecution or that a cause of action has accrued Justifying a civil lawsuit 3

Copyright © Texas Education Agency, All rights reserved. Images and other multimedia content used with permission. Criminal Law Crimes are generally offenses against the state Cases are prosecuted by the state The prosecutor files the case in court as a representative of the state Criminal cases have jail time as a potential punishment 4

Copyright © Texas Education Agency, All rights reserved. Images and other multimedia content used with permission. Civil Law Civil cases are typically disputes between individuals regarding the legal duties and responsibilities they owe one another In civil cases, the wronged party files the case Civil cases generally only result in monetary damages 5

Copyright © Texas Education Agency, All rights reserved. Images and other multimedia content used with permission. Civil Law (continued) Civil cases are proved by lower standards of proof such as "the preponderance of the evidence“ Many civil cases will be decided by a judge A defendant in a civil case is not given an attorney and must pay for one, or else defend himself or herself 6

Copyright © Texas Education Agency, All rights reserved. Images and other multimedia content used with permission. Categories of Civil Liability Intentional Tort – The defendant or tort feasor committed an intentional act – The act was wrong – The plaintiff suffered injuries or damages 7

Copyright © Texas Education Agency, All rights reserved. Images and other multimedia content used with permission. Categories of Civil Liability (continued) Negligence Tort – Existence of a duty – Foreseeability of the likelihood of the injury occurring – Failure to meet a reasonable standard of care – Proximate results of the injury – Injury or damages 8

Copyright © Texas Education Agency, All rights reserved. Images and other multimedia content used with permission. Categories of Civil Liability (continued) Strict Liability – Held liable without the need to prove an intentional act or negligence – High standard of care – Dangerous activity 9

Copyright © Texas Education Agency, All rights reserved. Images and other multimedia content used with permission. Civil Liability Examples Assault (Texas Penal Code Section 22.01)Texas Penal Code Section – Intentionally causes fear of imminentally harmful or offensive touching – Without touching or physical contact 10

Copyright © Texas Education Agency, All rights reserved. Images and other multimedia content used with permission. Civil Liability Examples (continued) Battery (Texas Penal Code Section 22.01)Texas Penal Code Section – Intentionally harmful – Offensive touching of another person – Touching does not have to be direct physical contact – May be through an instrument such as a cane or rock 11

Copyright © Texas Education Agency, All rights reserved. Images and other multimedia content used with permission. Civil Liability Examples (continued) Trespass (Texas Penal Code Section 30.05)Texas Penal Code Section – Unauthorized physical invasion of property – Remaining on the property after permission has been rescinded 12

Copyright © Texas Education Agency, All rights reserved. Images and other multimedia content used with permission. Civil Liability Examples (continued) False Imprisonment and Kidnapping (Texas Code of Criminal Procedures Article 13.12)Texas Code of Criminal Procedures Article – Restraint of a person – In a bounded area – Without justification – Without consent 13

Copyright © Texas Education Agency, All rights reserved. Images and other multimedia content used with permission. Civil Liability Examples (continued) Invasion of Privacy (Texas Civil Practices and Remedies Code Section )Texas Civil Practices and Remedies Code Section – Intrusion into the personal life of another – Without just cause – Gives the person whose privacy has been invaded the right to bring a lawsuit – Damages against the person or entity that intruded 14

Copyright © Texas Education Agency, All rights reserved. Images and other multimedia content used with permission. Civil Liability Examples (continued) Malicious Prosecution (Texas Civil Practices and Remedies Code Section )Texas Civil Practices and Remedies Code Section – An action for damages – Brought by one against whom a civil suit or criminal proceeding has been unsuccessfully commenced – Without probable cause – The purpose is other than that of bringing the alleged offender to justice – The institution of original judicial proceedings, by or at the encouragement of the defendant – Termination in the plaintiff’s favor – Malice – Lack of probable cause – Damage 15

Copyright © Texas Education Agency, All rights reserved. Images and other multimedia content used with permission. Civil Liability Examples (continued) Defamation (Texas Civil Practices and Remedies Code Section )Texas Civil Practices and Remedies Code Section – Injuring the reputation of another – Publically making untrue statements – Slander is oral defamation – Libel is defamation through written words 16

Copyright © Texas Education Agency, All rights reserved. Images and other multimedia content used with permission. Civil Liability Examples (continued) Intentional infliction of emotional distress (IIED) [Civil Tort Claim] – Intentional conduct – Results in extreme emotional distress – Some courts and commentators have substituted mental for emotional – Some jurisdictions refer to IIED as the tort of outrage 17

Copyright © Texas Education Agency, All rights reserved. Images and other multimedia content used with permission. Resources Texas Commission on Private Security Introduction to Private Security: Theory Meets Practice, Cliff Roberson & Michael L. Birzer Introduction to Security (6th Edition), Robert J. Fischer & Gion Green Investigator/Officer’s Personal Experience The Texas Criminal Code of Procedure