Civil Litigation by Citizens Against Australian Police Between 1994 and 2002

• NCJ Number: 210793
• Author(s): Jude McCulloch; Darren Palmer
• Date Published: 2005
• Length: 148 pages
• Grant Number(s): 19/01-02
• Sponsoring Agency: Criminology Research Council
• Sale Source: Australian Institute of Criminology
• Publication Format: Document (Online)
• Publication Type: Report (Study/Research)
• Language: English
• Country: Australia
• Note: Downloaded July 29, 2005.

Annotation

This report describes and analyzes the extent and nature of civil litigation against police in Australia.

Abstract

Civil litigation against police is emerging as a major issue in Australia as well as internationally, and trends continue to produce a greater volume of litigation and substantially larger judgments in favor of plaintiffs. The current report represents one of the first attempts in Australia to describe the extent and nature of civil litigation against police. Data were drawn from 2 primary sources: interviews with key police personnel, lawyers, and ombudsman and from 16 civil cases involving 42 plaintiffs that were decided between 1996 and 2001. Six settled cases were also reviewed as a supplementary category of data. Following a description of the scope of the research and the methodology, the report focuses on describing the nature and effects of civil case settlement, particularly on police morale. The types of police behaviors drawing civil litigation and the nature of plaintiffs’ injuries are examined, followed by a description of police fears and concerns about civil litigation. Issues revolving around police accountability are considered and recommendations are offered, including an increase in the amount of publicly available information on the quantity and nature of civil litigation against police. Risk factors surrounding different types of police events, such as public order versus heat-of-the-moment policing events, are examined and recommendations are made concerning how to minimize risk within these various types of policing events. In conclusion, the adoption of a risk management approach is suggested over an adversarial approach to reduce the quantity of civil litigation against police in Australia. In cases where higher financial risk is involved, police agencies should consider employing outside experts to investigate the likelihood of succeeding in trial. In the end, increased civil litigation can be used to produce positive outcomes, including increased police professionalism and transparency. Tables, appendixes, references