NCJ Number
133312
Journal
Law and Policy Volume: 12 Issue: 4 Dated: (October 1990) Pages: 331-352
Date Published
1990
Length
22 pages
Annotation
This article examines Federal judicial doctrine regarding the responsibility of police officials for misconduct by patrol officers.
Abstract
The current legal standard for the determination of liability for a police agency requires a showing by plaintiffs of an "affirmative link" between street-level action and the intention of commanders. The problem with this standard is that it encourages police supervisors to guard themselves against liability by distancing themselves from the actions and discretion of patrol officers, such that officers are poorly managed. The courts should require police managers to engage in certain management procedures that will decrease the likelihood of officer street-level misconduct. This should include a uniform system for receiving, investigating, and acting upon citizen complaints of officer misconduct which are cross-indexed by officers indicated in the complaint. There should also be written personnel records as part of a uniform system of personnel evaluation which should include reference to citizen complaints of officer misconduct and the results of the investigation of such complaints. Written administrative directives should inform officers of acceptable parameters in the use of force, sanctions available to management in cases of misconduct, and liability that may result from the excessive use of force and other abusive acts. 25 notes, 24 references, and a table of cases