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COURSE OBJECTIVE:
Over the last two decades, law enforcement agencies and individual law enforcement officers in the United States have been the subject of intense public scrutiny. The litigious condition of American Society has been a key factor in this scrutiny. The very nature of police work, i.e., Use of Force, High-Speed Driving Pursuits, and Arrests, lends itself to complaints and lawsuits from those whom law enforcement officers have contact with.
Law enforcement agencies and officers must have a working knowledge of developing laws relating to police liability and discipline. Agencies and officers must be made aware that they may be held accountable for decisions made by a court having jurisdiction over them. The developing law guides police training, operations, and individual conduct. A failure to recognize the importance of this area of the law can lead to serious monetary consequences for Law Enforcement Agencies, individual police officers, supervisors, police executives, and insurance providers. In extreme cases, a failure to follow the rules set forth by the courts can result in criminal sanctions.
OVERVIEW OF LIABILITY:
While police officers may believe that they will be exposed to liability for all of their actions, both proper and improper, the fact of the matter is that most courts have avoided second-guessing police actions and have only sanctioned the most egregious conduct. There are various levels of liability that may exist when an officer’s actions are deemed improper. The purpose of this section is to provide a brief overview of the possible actions that may result from alleged police misconduct.
Agency Liability/Individual Liability:
A difficult concept to understand is when an agency is liable for the actions of its officer(s) in a lawsuit. The short answer is that it depends.
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