Liability Causes of Action against Law Enforcement Personnel, Supervisors, and Agencies

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Introduction

Enforcing the law is a complex and a continuously evolving challenge. Likewise, managing the enforcers can be equally if not more challenging. Gone are the days of “We gave you a gun and a badge, go forth, and do the right thing!” At every turn, the modern law enforcement agency should be cautious about exposing itself to situations that create high or unnecessary risk. By utilizing thorough risk assessment techniques, continuous forecasting combined with continuous training; we can bolster and mitigate the agencies defense against liability. In essence, we need to be offensive thinkers in order to build a strong defense. This process should be continuous as our policies and procedures are living documents and customs.
Recent studies show the most troubling legal problems facing law enforcement agencies today is the impact of criminal and civil liability. The amount of police litigation appears to be increasing with a movement towards larger monetary damage awards. Today’s reality is law enforcement agencies are increasingly being litigated. It appears the shift has moved from the slip and fall, mom and pop type business, to governmental agencies with deep pockets. This trend combined with the increasing violence in our schools, malls, churches, and movie theaters, make for a treacherous environment for modern policing.
In Law Enforcement, liability is created in many ways; Vicarious Liability, Failure to Train, Failure to direct, Failure to supervise; violations of USC 1983. These are just a few examples in an ocean of potential pitfalls we face in our chosen careers. This research paper will attempt to address some limited areas of liability, specifically training or failure to train, which agencies, supervisors, ...

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...ssues that each officer must abide by, therefore it would make the police profession more streamlined and professional possibly lending credit to our profession and reducing litigation.
In closing, I would ask that you look at all your personnel and ask, is he or she ready to testify at the next Rodney King trial. If not, how can we better protect the agency, yourself, and that hard working law enforcement officer become prepared for a similar life altering event.

References

Grossman, R. (2003). Law enforcement liability risk. In Florida Partnership for Safety and Health (Ed.), Loss control best practices (1-10). Tampa, FL: Public Entity Risk Institute
Kappeler, V. E. (1992). Police liability. Police Liability Review, 4(Fall)
Conn v. City of Reno 572 F.3d 1047 (2009)
City of Canton, Ohio v. Harris 489 U.S. 378 (1989)
Graham v. Connor 490 U.S. 386 (1989)

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