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Civil Liabilities in Law Enforcement: Where Are We and Where Should We Go From Here?

NCJ Number
154786
Journal
American Journal of Police Volume: 12 Issue: 4 Dated: (1993) Pages: 87-99
Author(s)
R V del Carmen
Date Published
1993
Length
13 pages
Annotation
Recent high-profile cases have once again focused public attention on police use of force, and these cases have involved both criminal and civil lawsuits alleging police misconduct.
Abstract
Most police officers have not and will not be sued, but the effect of a potential lawsuit on police officers is significant. Civil liability cases further highlight the role played by courts in various aspects of policing. Despite the influence courts have on daily policing operations, there are few Supreme Court civil liability cases specifically related to police work. What is certain, however, is that civil liability cases have resulted in improved police training and more pervasive use of updated and carefully written police manuals. Police manuals have had a particularly positive effect on both the public and the police because they minimize arbitrariness but do not eliminate discretion. Proposals to curtail police abuse of authority are examined, and the need for a comprehensive study of police civil liability is stressed. 29 references

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