Case Law Case Study

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Case Law
Nearly every aspect of law enforcement has a court decision that governs criteria. Most court rulings are the result of civil lawsuit towards a police officer and agency. However, currently, there is no law that mandates law enforcement driver training. When it comes to firearms, negligence by officers has resulted in a multitude of court rulings. Popow v. City of Margate, 1979, is a particularly interesting case that outlines failed firearms training by an agency. In this case, an officer chasing a suspect during a foot pursuit fired at the suspect, striking and killing an innocent bystander (Justia.com, 2017). The court ruled that the agency was “grossly negligent” of “failure to train” (Justia.com, 2017). As a result, nearly every agency requires annual firearms training and has written policy concerning the same. Officers must show proficiency in firearms use every year to maintain their certification. Many states even impose fines on officers for
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Lewis and Graves v. Thomas are two court rulings related to police pursuits. In both cases, the court ruled that a police officer in pursuit of a fleeing motorist does not intentionally choose to cause harm to a suspect, and resulting injury or death of the suspect is not due to the negligence of the officer and the officer and agency is therefore not liable (Farber, 2007). However, through the multitude of incidents involving police officers in traffic accidents, there is no case law placing liability on a police officer or agency, unless the officer was in violation of departmental policy or grossly negligent, as shown in Haynes v. Hamilton County (Justia.com, 2017). In this case, a sheriff’s deputy pursued a vehicle reaching speeds exceeding 100 miles per hour in dense traffic. The pursuit ended when the suspect vehicle collided with a civilian vehicle, killing three teenagers. The court ruled the failure of the officer to terminate for safety reasons was thereby
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