NCJ Number
60824
Editor(s)
P SHIELDS
Date Published
1978
Length
0 pages
Annotation
GUIDELINES FOR POLICE OFFICERS ARE PRESENTED IN THIS TRAINING FILM ON POLICE CIVIL LIABILITY. NEGLIGENCE SUITS CAN OFTEN OCCUR IF OFFICERS' PROMISE PROTECTION OR ADMINISTER AID TO THE INJURED, INDIRECTLY CAUSING HARM.
Abstract
ALTHOUGH ALL POLICE ARE OBLIGATED TO PERFORM COMPETENTLY, OCCASIONALLY AN OFFICER WILL OWE A HIGHER OBLIGATION TO AN INDIVIDUAL CITIZEN. ACCIDENTS OR MISTAKES WHICH OCCUR BECAUSE OF AN OFFICER'S NEGLIGENCE OR FAILURE TO ADEQUATELY FULFILL A HIGHER OBLIGATION CAN RESULT IN A CIVIL SUIT AGAINST THE POLICE DEPARTMENT. AN OBLIGATION TO AN INDIVIDUAL CITIZEN MAY BE FORMED BY AN OFFICER'S EXPLICIT PROMISE TO PROVIDE ADEQUATE PROTECTION TO AN INDIVIDUAL, SUCH AS AN OFFICER ASSURING A BATTERED WIFE THAT HE WILL NOTIFY THE WOMAN IF HER HUSBAND IS RELEASED ON BAIL. THE WIFE'S RELIANCE ON SUCH A PROMISE COULD PREVENT HER FROM TAKING PRECAUTIONS THAT SHE WOULD HAVE MADE BUT FOR THE PROMISE OF PROTECTION. SUBSEQUENT INJURY CAUSED BY A LACK OF WARNING AND PROTECTION FROM THE OFFICER COULD SUBJECT THE DEPARTMENT TO SUIT. IT IS RECOMMENDED THAT GREAT CAUTION BE EXERCISED IN MAKING ANY SPECIFIC PROMISES TO INDIVIDUALS. AN OFFICER ALSO OWES A HIGH STANDARD OF CARE TO INJURED OR INFIRM PERSONS TAKEN INTO CUSTODY. THE OFFICER WHO ARRESTS A PERSON SUFFERING FROM DIABETIC SHOCK COULD PROVOKE A CIVIL SUIT IF THE VICTIM'S CONDITION DETERIORATES BECAUSE OF THE OFFICER'S ACTIONS. HARM RESULTING FROM COMPLIANCE WITH AN OFFICER'S INSTRUCTIONS, SUCH AS A PEDESTRIAN STRUCK BY A MOVING CAR WHILE STANDING IN AN UNSAFE LOCATION BECAUSE OF POLICE DIRECTIONS, COULD ALSO CAUSE A SUIT. POLICE OFFICERS SHOULD USE SPECIAL CARE IN ASSESSING MEDICAL AND SAFETY SITUATIONS. REFERENCES ARE PROVIDED IN THE DISCUSSION LEADER'S GUIDE. (TWK)