NCJ Number
214203
Journal
Policing: An International Journal of Police Strategies & Management Volume: 29 Issue: 1 Dated: 2006 Pages: 38-57
Date Published
2006
Length
20 pages
Annotation
Through a longitudinal analysis of police and detention civil litigation, this study identified claims filed against Michigan law enforcement agencies alleging the violation of constitutional rights.
Abstract
In the State of Michigan, the 11,273 claims lodged over a 15-year period appeared to be low. While this total number of claims appears low, the question remains, what is the frequency and severity or complexity of these claims and what are the potential policy implications. In observing the types of claims filed, only one claim type occurred with more frequency than other types, autos without an injury. From other claim types, no one type was recognizable as occurring with epidemic proportions for either law enforcement or detention. The highest average claim was for wrongful deaths at approximately $296,000. The 1980s and 1990s were identified as decades where more civil litigation had been initiated by society in general. In this regard, law enforcement agencies were seen as no different. This analysis has shown various types of trends pertaining to risk loss and civil liability over 15 years. The analysis provides three benefits to agency administrators: (1) administrators have been given an analysis of 25 categories where claims were frequently filed within one State; (2) based on individual agency assessment, administrators should review current policies, procedures, and practices; and (3) policy revisions or development should be followed with personnel training. The analysis specifically examined the trends of third party claims, liability, and losses of police and detention activities in order to determine their past record, with the intent to inform governmental entities, administrators, and individual officers alike to make sound risk management decisions. References