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Municipal Liability Update

NCJ Number
118684
Journal
Law and Order Volume: 37 Issue: 6 Dated: (June 1989) Pages: 33-35
Author(s)
T Capron; T Aaron
Date Published
1989
Length
3 pages
Annotation
Police officers who act improperly while on duty may cause civil liability for a municipal government if the municipality did not properly train and supervise them.
Abstract
Imposing civil liability on municipalities for unconstitutional acts of police officers is one action the Federal Government can take, based on Section 1983 of the U.S. Code, to prevent municipal police officers from violating the constitutional rights of citizens. Fear of civil liability may deter unconstitutional conduct by police officers and require administrators to issue clear guidelines and provide adequate supervision and training for police officers. Better selection of police personnel can reduce the potential for a municipality being held civilly liable. Providing adequate police officer training is another way municipalities can limit their civil liability. Personnel supervision remains a difficult problem, particularly in small police departments, but supervision is essential in limiting municipalities' civil liability. The retention policy of police departments should be clearly delineated, and municipalities should investigate all complaints of police officer misconduct.