NCJ Number
131833
Journal
Journal of Criminal Justice Volume: 19 Issue: 4 Dated: (1991) Pages: 381-393
Date Published
1991
Length
13 pages
Annotation
Recent State court decisions (excluding 1983 cases) on police liability for negligent failure to protect detainees from self-inflicted injury and suicide are analyzed.
Abstract
The analysis focuses on jurisdictions that impose liability against police for failure to prevent suicide. It explains the general duty of care standard and the circumstances required for the special duty of care. Measures taken by the police to prevent self-inflicted injury and suicide are discussed in the context of negligence cases under State laws. Four areas of potential liability for police include supervision of suicidal detainees, construction of the custodial facility; violation of rules, regulations, and procedures; and failure to render medical assistance. In addition to the doctrine of foreseeability and officer knowledge of potential suicide, precedent and other factors necessary to establish a viable negligence claim are considered. The principles of contemporary law on police liability or failure to prevent suicide are reiterated. 1 figure, 5 notes, 23 cases cited, and 11 references (Author abstract modified)