response answer/question

Civil Liability and the Field Training Process :

A civil suit is a legal action initiated by an aggrieved party (plaintiff), who seeks compensation for an alleged injury resulting from a violation of some right by the defendant. The suit may be a tort suit in state court or a suit in federal court for the violation of some constitutional or civil right.

1. Four major causes of suits against police:

a. False arrest.

b. Excessive force and brutality.

c. Wrongful death.

d. Negligent operation of a motor vehicle.

2. Costs – legal fees, clerical and investigative expenses, loss of reputation, personal stress and anxiety.

3. Liability in State Court:

a. Common Law Tort Liability – A tort is a breach of duty that gives rise to an action in damages.

b. Tort Issues:

1) General or specific duty – usually specified in a statute of some kind.

2) Negligence.

3) Discretionary situation.

4) Special relationship.

5) Foresee-ability.

6) Good faith and reasonableness.

c. Specific Torts:

1) Negligence.

2) False arrest.

3) False imprisonment.

4) Defamation.

5) Assault and battery.

6) Wrongful death.

4. Liability in Federal Court:

a. Federal Civil Rights Suit – Under Section 1983, Title 42, U.S.C.

1) Officers are liable – state and local (including company police) may now be considered persons under statute language and can be liable.

2) The violation must be committed under “color of law” and can be on or off duty, in or out of uniform.

b. Specific Liabilities for Field Training Officers – There is no vicarious liability for Field Training Officers. The doctrine of “Respondent Superior” which states that a supervisor is automatically responsible for the actions of his subordinate is not applicable. The FTO can be liable in two general areas:

1) Participating in the action including ordering, directing, or counseling it.

2) Supervisory negligence, including:

a) Negligent hiring.

b) Negligent training.

c) Negligent retention.

d) Negligent assignment.

e) Negligent entrustment.

f) Failure to supervise or direct.

c. Liability Arising from Discipline – two particular areas:

1) Discipline without due process especially where the plaintiff has property or liberty interests.

2) The reasons for the discipline are illegal in that they offend the United States Constitution such as fair employment and violations of first amendment rights.

5. Avoiding Liability – It should be a priority of your training program to prevent liability. Possible ways:

a. Training – especially in high risk, high liability areas.

b. Caution – don’t push legal limits – when in doubt take the safer course.

c. Good faith and reasonableness – Evaluate the circumstances and take the time to check the “gray” areas.

d. BE NICE!! – Uncommon courtesy – don’t ask to be sued.

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