NCJ Number
150511
Date Published
1994
Length
5 pages
Annotation
Directed to police executives, this training document explains the basic concepts of civil liability of police and emphasizes the importance of continuing education and training to reduce the risk of civil litigation.
Abstract
Police executives need to be aware that newly recruited police officers are usually not familiar with the civil liability problem and that even experienced officers have many misconceptions that need to be corrected. In addition, the law of civil liability is constantly changing. Moreover, proper training in civil liability principles at all departmental levels dramatically reduces a police agency's civil liability exposure. Furthermore, to be effective, civil liability training must occur at all departmental levels. The two basic types of civil suits brought against police officers are tort suits, which are usually brought in State courts under common-law principles, and civil rights actions, usually brought in Federal courts under Federal laws. Lawsuits may result from many actions, including use of excessive force, false arrest or improper detention, unlawful handling or supervision of the plaintiff while the plaintiff is in police custody, discrimination, failure to train officers properly, failure to give requested assistance to the plaintiff, and maintaining or tolerating any policy that deprives the plaintiff of civil rights. Certain legal defenses can be asserted to avoid liability, although good faith is not a defense in civil actions. The city or county attorney usually defends a civil suit against the police, but it is often advisable for police officers to retain their own private legal counsel. Reference notes and questions and answers