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LOCAL GOVERNMENTAL LIABILITY FOR LACK OF POLICE TRAINING

NCJ Number
7867
Author(s)
D F MCGUIRE
Date Published
1972
Length
26 pages
Annotation
REVIEW OF ILLINOIS AND FEDERAL STATUTES AND CASES SHOWING LIABILITY FOR CIVIL WRONGS COMMITTED BY POLICE AS AN ADDITIONAL ARGUMENT FOR MANDATORY POLICE TRAINING.
Abstract
IN ILLINOIS, NO STATUTE REQUIRES TRAINING A RECRUIT BEFORE HE SERVES HIS FIRST TOUR OF DUTY. AS A RESULT, UNQUALIFIED AND UNPREPARED POLICE OFFICERS HAVE INJURED CITIZENS WHILE ATTEMPTING TO PERFORM POLICE DUTIES. THE RECENT TREND AWAY FROM SOVERIGN IMMUNITY, THE ADMISSIBILITY OF TRAINING MATERIAL TO ESTABLISH DEPARTMENTAL STANDARDS OF DUE CARE, AND STATUTES ON BOTH STATE AND FEDERAL LEVELS SPECIFICALLY MAKING GOVERNMENTS LIABLE FOR THE TORTS OF THEIR POLICE OFFICERS, ARE STRONG INDICATIONS THAT A CITY MIGHT SOME DAY BE LIABLE ON THE GROUNDS THAT IT HAS NEGLECTED ITS DUTY TO TRAIN POLICE.