NCJ Number
230652
Journal
Journal of Criminal Justice Volume: 38 Issue: 2 Dated: March/April 2010 Pages: 193-206
Date Published
March 2010
Length
14 pages
Annotation
This study examined organizational factors that results in police deadly force liability through an analysis of civil liability cases in the U.S. Court of Appeals and the U.S. District Courts.
Abstract
Police use of deadly force is a significant concern for municipal policymakers and law enforcement agencies. Following U.S. Supreme Court case law, police agencies and municipal entities may be held civilly liable under Section 1983 for force that is not objectively reasonable; for failure to train; and for policies, customs, and practices that cause constitutional injury. This article analyzes 86 cases from the U.S. District Courts and the U.S. courts of Appeals on Section 1983 liability regarding police use of deadly force. The article focuses specifically on police firearm use in deadly force situations, highlighting how managerial disorganization and administrative breakdown impacts departmental decisionmaking. Principles of management, such as division of labor, hierarchy of authority, span of control, unity of command, and communication are used to explain bad shootings that lead to potential police liability. Tables, notes, and references (Published Abstract)