NCJ Number
94311
Journal
Detective Volume: 11 Issue: 1 and 2 Dated: (Spring/Summer 1984) Pages: 10-14
Date Published
1984
Length
5 pages
Annotation
Armed services police can incur tort liability under the conditions specified in the Federal Tort Claims Act (FTCA) and also for injury resulting from constitutional violations. Armed services police can take certain measures, however, to reduce their chances of incurring civil liability in the performance of their duties.
Abstract
Although early American courts recognized and followed the English tradition of sovereign immunity, which makes the Government immune from any legal liability for its actions, the first waiver of sovereign immunity occurred when Congress enacted the 1855 Court of Claims Act allowing contract claims to be brought against the Federal Government. The amenability of the Federal Government to civil suit was expanded in 1946 to include a broad range of tort actions under the FTCA. The FTCA makes the Government liable for loss of property, personal injury, or death caused by a negligent or wrongful act or omission of any employee of the Government while acting within the scope of his/her office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred. There are exceptions for 'discretionary functions' and 'combatant activities' of the military. In addition to potential liability for common law torts, Federal Government employees may also be liable for constitutional tort, which is a violation of a person's constitutional rights. Liability is not incurred if the Federal employee is acting within the outer perimeter of his/her duties or is acting in subjective 'good faith' and with an objectively reasonable basis for the actions taken. Measures to limit civil liability for armed services police personnel include (1) proper local training that sets precise standards and procedures for the performance of duties, (2) projecting a professional image to the public, and (3) being certain that all occupational behavior is within the scope of assigned duties and in 'good faith.'