NCJ Number
118567
Journal
American Journal of Police Volume: 8 Issue: 1 Dated: (1989) Pages: 1-36
Date Published
1989
Length
36 pages
Annotation
This article provides the historical legal context from which to consider the application of contemporary negligence theory to the performance of police public services.
Abstract
An examination of the legal doctrines and theories related to civil liability is followed by a review of the various categories of tort law. The discussion distinguishes negligence tort from strict liability and intentional tort. After the traditional elements of a tort action are enumerated, their development is traced and their meaning explained. The article then turns to a discussion of defenses for negligence claims. Traditional barriers to tort actions against governmental entities and their agents are reviewed, with particular attention to the doctrines of sovereign immunity and public duty. An examination of the development of these doctrines is based on a review of historical case law and literature. After documenting the decline of the doctrine of sovereign immunity, the article evaluates its status. The article concludes with a consideration of the various social policy concerns stemming from the imposition of governmental liability for the negligent behavior of police officers. 107 notes. (Author abstract modified)