NCJ Number
118571
Journal
American Journal of Police Volume: 8 Issue: 1 Dated: (1989) Pages: 107-135
Date Published
1989
Length
29 pages
Annotation
This article examines the grounds for the civil liability of police supervisors brought in State and Federal courts.
Abstract
Under State law, police supervisors may have direct liability to the public due to the act of a subordinate when the supervisor authorized, participated in, directed, or ratified the act, or was present at the time the act was committed and could have prevented it but failed to do so. Vicarious liability involves indirect responsibility for what subordinates do due to negligence in training, hiring, assignment, supervision, direction, entrustment, and retention. Police supervisors may also incur liability under State law for actions affecting subordinates. Direct liability is usually associated either with the causes for which an employee may be terminated, demoted, suspended, or reassigned or the procedures followed in the aforementioned circumstances. Under Federal law, a police supervisor's direct liability to the public is most often brought under Title 42 Section 1983. Some circuit courts of appeal reject vicarious liability under Section 1983, but others apply it in the hiring, training, or supervision of subordinates, or on specific State law. Supervisor liability to subordinates under Federal law may come under statutory prohibitions against discrimination. Thus, developing case law strongly suggests police supervisors should know the legal limits of their jobs and be more aware of what goes on among and the competencies of subordinates. 60 notes.