NCJ Number
66306
Date Published
1980
Length
70 pages
Annotation
SEVERAL AREAS OF POLICE BEHAVIOR MOST LIKELY TO GENERATE LAWSUITS ARE DISCUSSED AGAINST THE BACKDROP OF THE APPLICABLE COMMON LAW, AS WELL AS DEPARTMENTAL GUIDELINES, STATE STATUTES, AND LOCAL ORDINANCES.
Abstract
THIS TRAINING MANUAL WAS INTENDED FOR USE WITH A SERIES OF FILMS ON THE TOPICS DISCUSSED; DISCUSSION QUESTIONS HAVE BEEN INCLUDED. STUDIES SUGGEST THAT POLICE MAY KILL MORE CITIZENS WITH THEIR VEHICLES THAN THEY DO CRIMINALS WITH THEIR FIREARMS. BECAUSE MOST SUITS AGAINST LAW ENFORCEMENT OFFICERS INVOLVING POLICE VEHICLES ARE BASED ON THE LAW OF NEGLIGENCE, THE MANUAL IDENTIFIES WHAT CONSTITUTES NEGLIGENCE ACCORDING TO STATE STATUTES AND LOCAL ORDINANCES. A TABLE LISTS STATE LAWS THAT CONFORM WITH THE PROVISIONS OF A MODEL CODE PREPARED BY THE NATIONAL COMMITTEE ON UNIFORM TRAFFIC LAWS. OTHER CASES INVOLVING MOTOR VEHICLES INCLUDE IMPROPER PARKING OF POLICE VEHICLES AND FAILURE TO INSPECT THEM. RECOMMENDED POLICE PURSUIT GUIDELINES ARE INCLUDED. SITUATIONS IN WHICH OFFICERS ARE MOST OFTEN FOUND LIABLE FOR WRONGFUL DEATH OR INJURY IN THE USE OF DEADLY FORCE ARE PRESENTED. A DISCUSSION ON THE LIMITS OF PHYSICAL FORCE FOCUSES ON SELF-DEFENSE, THREATENING WORDS, USE OF FORCE TO EFFECT AN ARREST, IMPROPER USE OF FORCE, AND USE OF NONLETHAL POLICE WEAPONS. IN VIEW OF THE INCREASING NUMBER OF SUITS ARISING UNDER THE CIVIL RIGHTS ACT OF 1871, THE APPLICABILITY OF THIS STATUTE TO POLICE ACTIVITIES IS DISCUSSED. OTHER PROBLEM AREAS ADDRESSED ARE SUPERVISORY LIABILITY (INVOLVING NEGLIGENT SELECTION, RETENTION, AND FAILURE TO TRAIN OR SUPERVISE) AND THE INTENTIONAL USE OF DEADLY FORCE (FOCUSING ON FORCIBLE FELONY, SELF-DEFENSE AND DEFENSE OF OTHERS, HALTING A FLEEING FELON, AND SUPPRESSING A RIOT). RELATED FILMS AND BOOKS ARE LISTED. (WJR)