NCJ Number
123691
Journal
Policing Volume: 6 Issue: 1 Dated: (Spring 1990) Pages: 399-408
Date Published
1990
Length
10 pages
Annotation
Police liability for negligence has improved policing standards in the United States more than past repeated calls for greater professionalism. This article describes the trend of lawsuits against American police forces and draws out lessons for UK forces.
Abstract
Lawsuits filed in Federal courts are based on 1,871 statutes dealing with constitutional deprivations of persons by police officers, while the basis for lawsuits filed in State courts is the theory of professional negligence which requires proof of existence of a duty, failure to perform according to standards, injury or loss, and a causal connection. The emphasis in negligence cases is often shifted to the responsibility of police chiefs, giving rise to indirect and direct supervisory negligence. One example of indirect negligence is the possibility of civil rights violations resulting from inadequate police training caused by police management indifference. The trend in negligence cases has led to new directions in police insurance coverage and risk management techniques. As a result, the Institute for Liability Management was established to bridge the gap between risk management and police operations. The Institute conducts training programs, develops and reviews police department operational policies, conducts risk and liability assessments of entire agencies, consults with police defense attorneys, conducts complete civil liability investigations of some incidents, and provides interactive computerized legal training. The article suggests that the best protection for UK police forces against civil actions is a high degree of interactions between factors -- policy and procedures, training, supervision, discipline, review and revision, and legal support and services -- implemented by police executives. (Publisher abstract modified)