NCJ Number
60162
Date Published
1978
Length
0 pages
Annotation
THE LEGAL LIMITATIONS AND CIVIL LIABILITY OF OFF-DUTY LAW ENFORCEMENT OFFICERS ARE EXPLORED IN THIS FILM, AND FURTHER EXPLAINED IN A FILM DISCUSSION LEADER'S GUIDE.
Abstract
POLICE PERFORM TWO ROLES: THEY ARE BOTH PEACE OFFICERS AND PUBLIC EMPLOYEES. ALTHOUGH THE PENAL OR GOVERNMENT CODE OF A STATE MIGHT CONFER PEACE OFFICER STATUS FOR OFF-DUTY, OUT-OF-TOWN, OR EVEN PRIVATE ACTIVITIES, A PUBLIC ENTITY IS NOT AUTOMATICALLY LIABLE FOR ACTS OUTSIDE THE NARROW COURSE AND SCOPE OF THE EMPLOYEE'S DUTIES. OFFICERS MAY BE PERSONALLY LIABLE FOR INJURIES THEY CAUSE, AND ALTHOUGH SUBJECT TO DEPARTMENTAL DISCIPLINE FOR THEIR CONDUCT, THEY MAY NOT BE ABLE TO RECOVER WORKMEN'S COMPENSATION OR OTHER BENEFITS FOR THEIR INJURIES OR DISABILITY. FOUR VIGNETTES ILLUSTRATE DIFFERENT SITUATIONS IN WHICH POLICE OFFICERS MAY PROVOKE CLASS ACTION SUITS AGAINST THEM: POLICE OFFICERS' PERSONAL, PRIVATE DISPUTES; ARRESTS THAT OCCUR OUTSIDE THE LIMITS OF AN OFFICER'S JURISDICTION; FAILURE TO IDENTIFY THEMSELVES AS PEACE OFFICERS OR PUBLIC EMPLOYEES WHEN IN CIVILIAN ATTIRE; AND OFF-DUTY OFFICERS MOONLIGHTING AS SECURITY OFFICERS (IN WHICH CASE THE PRIVATE EMPLOYER MUST FURNISH INDEMNITY). SEVERAL FOOTNOTES AND A REFERENCE ARE INCLUDED IN THE TRAINING GUIDE. (MHP)