Law Enforcement Official

This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.

Writing Template

Issue

I: The issue is whether Defendant may avoid liability for Plaintiff’s injuries under a theory that Defendant was acting with the scope of employment as law enforcement official.

Analysis

R: A law enforcement officer (1) acting within the scope of their employment is privileged to use reasonable force, threats of force, or confinement against an individual when (2) making an arrest, investigating, terminating, or preventing a crime, or enforcing the law. The amount of force used must (3) be proportionate to the circumstances and should not exceed what is necessary to accomplish the officer’s legitimate objective.

A: Here, [apply rules to facts].

C: Therefore, Defendant [was/was not] privileged to use force against Plaintiff.

Mistake Expansion

R: A law enforcement officer’s privilege to use force is not nullified by a reasonable mistake concerning (1) the commission of a felony or (2) the identity of the individual involved, as long as the mistake is one that a reasonable officer in the same situation could make.

A: Here, [apply rule to facts].

C: Therefore, Defendant’s mistake [nullifies/does not nullify] the officer’s privilege to use force.

Conclusion

C: Therefore, the Defendant may [avoid/not avoid] liability for Plaintiff’s injuries under a theory that was acting with the scope of employment as law enforcement official.

Usage Notes

JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.

The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.

The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.

The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.

Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.

Questions or comments? Reach out at [email protected].