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Firearms Training and Liability, Part 1

NCJ Number
139929
Journal
FBI Law Enforcement Bulletin Volume: 61 Issue: 12 Dated: (December 1992) Pages: 18-23
Author(s)
H C Hall
Date Published
1992
Length
6 pages
Annotation
Attention is directed to lawsuits that allege violations of Federally-protected rights as the result of inadequate firearms training.
Abstract
A general review of the manner in which lawsuits can be brought against government agencies and employees precedes analysis of the Supreme Court's decision in City of Canton v. Harris in which the general principles of "failure to train" lawsuits were established. The discussion also considers the manner in which those general principles apply to firearms training. Before a claim against a department's training program can be established, there must first be a constitutional violation. Additionally, it must be established that the officer's training was deficient and that the deficiency was due to the department's policy or custom and also that a causal connection exists between the deficient training policy and the constitutional injury. 30 footnotes