NCJ Number
45249
Journal
Police Magazine Volume: 1 Issue: 1 Dated: (MARCH 1978) Pages: 33-40
Date Published
1978
Length
8 pages
Annotation
THE INCREASING NUMBER OF CIVIL LIABILITY SUITS BROUGHT AGAINST POLICE AND THE INCREASINGLY LIMITED AVAILABILITY OF LIABILITY INSURANCE ARE DISCUSSED.
Abstract
LIABILITY SUITS AGAINST POLICE INCREASED 446 PERCENT BETWEEN 1967 AND 1977. IN 1977, 3,900 SUITS WERE FILED NATIONWIDE. OF THESE, 25 PERCENT CHARGED BRUTALITY; 40 PERCENT FALSE ARREST. IT IS ESTIMATED THAT AS MANY AS 14,000 SUITS WILL BE FILED IN 1978. BIG CITIES IN LITIGIOUS STATES SUCH AS CALIFORNIA, ILLINOIS, AND FLORIDA ARE HIT HARDEST. LIABILITY INSURANCE HAS BECOME MORE DIFFICULT TO OBTAIN AND MORE EXPENSIVE. MANY FEEL THAT THE MAJOR THREAT OF LIABILITY LAWSUITS IS THAT SOME OFFICERS, WITH INCREASING AWARENESS OF THE LEGAL RISKS OF MAKING A MISTAKE IN A HIGH-PRESSURE SITUATION, MAY NOT TAKE ANY ACTION AT ALL. LOCAL GOVERNMENTS BEAR THE FINANCIAL BRUNT OF MOST LIABILITY SUITS. LARGE SETTLEMENTS ARE FAIRLY UNCOMMON, BUT LENGTHY LITIGATION IS NOT. FOR EXAMPLE, IN 1976 THE CITY OF LOS ANGELES PAID $584,754 IN COURT AWARDS AND OUT-OF-COURT SETTLEMENTS. HOWEVER, LEGAL AND CLERICAL EXPENSES AMOUNTED TO TWICE THAT FIGURE, AND INVESTIGATIVE EXPENSES ADDED TO THE COST. SEVERAL STATE COURTS HAVE LIMITED THE AMOUNT OF DAMAGES FOR WHICH A PLAINTIFF MAY SUE A PUBLIC OFFICIAL OR ENTITY IN STATE COURT. ALTHOUGH THERE ARE SEVERAL LEGISLATIVE PROPOSALS TO CUT BACK THE AMOUNT OF CIVIL LITIGATION AGAINST POLICE, IT IS DIFFICULT TO ASSESS THEIR CHANCES.