NCJ Number
191774
Journal
Law and Order Volume: 49 Issue: 4 Dated: April 2001 Pages: 29-31
Date Published
April 2001
Length
3 pages
Annotation
This article discusses issues associated with civil lawsuits against police officers and police agencies involved in use-of-force situations, and it offers recommendations for procedures to follow in such cases.
Abstract
Once officers are named in litigation and the involved agency and officers are served with the complaints, the head of the agency and the highest elected governmental official should be notified. Next, legal representation should be notified, usually a corporation counsel or the insurance company that insures the governmental entity. If there is a strong basis for the charges, the lawsuit may be settled before trial; however, some insurance companies have taken a hard line approach and will not settle cases in which the use of force was reasonable. Although it is expensive to defend such cases in court, winning such cases sends a message to potential plaintiffs' attorneys that their clients must have strong cases that will withstand a tough defense. Such a policy can thus deter the bringing of weak cases in which the plaintiff hopes to achieve a pretrial settlement. Although defendants should have input regarding how the case should proceed, the defense attorney is the final decision maker on how the case will proceed. If the plaintiff has a good case against the police officers involved, a quick settlement may be best for all. Such cases must be thoroughly analyzed by the department to prevent their recurrence.