NCJ Number
79782
Date Published
1981
Length
129 pages
Annotation
The legal liability of officers and their departments in cases of police use of excessive force is examined, and policies are suggested to curtail excessive use of force in situations involving pursuit driving and use of firearms.
Abstract
A review of the history of American policing traces the development of attitudes and policies from the early 1800's to the present. Particular note is given to the police response to early labor militancy, prohibition, the impact of J. Edgar Hoover, the Depression, and World War II. A chapter on pursuit deals with all aspects of the use of police vehicles and the liability it can engender. The doctrine of 'respondeat superior' (which permits the department or city to be named in a suit against an officer), pursuit in emergency and nonemergency situations, written policies regarding high-speed pursuit, and the use of roadblocks are all considered. The material on use of firearms covers deadly force and the setting in which the firearm is used, arrest situations, injury and safety of bystanders, use of firearms in off-duty and abandonment of duty situations, departmental guidelines, and actions outside the scope of one's authority. One chapter examines a variety of topics including the defense of self and others, the use of force both in making an arrest and after the arrest, the use of police dogs, and intentional infliction of mental distress. A final chapter, addressing departmental regulation of the use of force, explains the role of departmental manuals, internal investigations, and specialized boards. Relevant examples and pertinent court decisions are cited. Endnotes, footnotes, a glossary, indexes, and five references are provided. Sample forms and policy statements concerning the police use of force are appended. (Publisher's summary modified)