NCJ Number
35936
Journal
Journal of Police Science and Administration Volume: 4 Issue: 2 Dated: (JUNE 1976) Pages: 197-202
Date Published
1976
Length
6 pages
Annotation
JUDICIAL DECISIONS AND TRENDS RELATING TO CIVIL LIABILITY OF POLICE OFFICERS ARE REVIEWED.
Abstract
ONE TREND SEEN IS THAT OF HOLDING POLICE CHIEFS RESPONSIBLE FOR THE ACTIONS OF SUBORDINATES. TERMED VICARIOUS RESPONSIBILITY, SEVEN THEORIES ARE PRESENTED FOR THIS TREND - NEGLIGENT APPOINTMENT, NEGLIGENT RETENTION, NEGLIGENT ASSIGNMENT, AND NEGLIGENT ASSIGNMENT OF UNFIT OFFICERS, AS WELL AS LACK OF NECESSARY TRAINING, FAILURE TO PROPERLY SUPERVISE, AND FAILURE TO DIRECT. A TREND IS ALSO SEEN IN AWARDS TO PLAINTIFFS DESPITE THE EXISTENCE OF STATUTES WHICH SEEM TO PROTECT THE OFFICER, WHEN THOSE STATUTES ARE DEEMED UNFAIR. THE ISSUES OF MUNICIPLE INDEMNITY AND INJUNCTIVE RELIEF ARE ALSO TREATED.