Running head: SECTION 1983 LIABILITIES
Midterm Essay
Zachary Frank
Liberty University
CJUS530
Professor Wells
11 June 2023
1
SECTION 1983 LIABILITIES
Abstract
Law enforcement organizations have very difficult responsibilities that require them to expertly
manage their time and personnel efficiently to ensure they are operating appropriately.
Administrations in the criminal justice field are responsible to ensure that their officers are aware
and understand the issue of Section 1983 liabilities. The reasoning behind this is that police
officers have an extremely difficult, stressful, and high paced job that sometimes can put them in
difficult situations. When officers are placed in these situations, the department needs to know
that the officer has been trained of the consequences of whatever action they choose to use. If a
police officer has been trained, then whatever situation the officer is in should be handled
appropriately and without any issues. However, if an officer hasn’t been trained or fails to
comply with the training given, the department, municipal and city could be found liable if an
officer misuses their authority. Most organizations in the world understand the importance of
training their employees to prevent issues from occurring, but training is also one of the first
items to be cut or be reduced.
2
SECTION 1983 LIABILITIES
Criminal justice organizations spend billions of dollars maintaining their police
departments annually. “Figures from the U.S. Census of Governments indicate that state and
local governments together expended $123 billion on police in 2019” (Mollenkamp, 2022).
These numbers however reflect mostly salaries, pensions, and equipment costs among
departments. Training on the other hand is one of the smallest parts of the police budgets and it
can create a large effect on the readiness and preparation of the police force. Section 1983
Liability is one of the most fundamental critical training topics for a police officer to go through
due to the nature of the issue and potential cost if not handled correctly. A police officer who fails
to obey the constitutional rights of an individual can land a department and city in a legal battle
that could cost the local governments thousands if not millions of dollars. Although police
officers may not think that liability training is important, taking the time to do the training can
provide a significant defense to departments looking to avoid a large civil suit after a complaint
from a citizen.
Training being provided to local police departments is critical to ensure that all officers
understand the limits of their power and what can happen if they cross a line and violate a right
of a citizen. “Police officers are not usually sued as individuals. Most plaintiffs want to gain
access to the larger coffers of the government entity that employs the officer” (Spencer, 2007,
p.3). The threat of an entire department or city being sued for police officer misconduct is a very
high probability due to the amount of money a plaintiff can receive from suing the officer and
others like the department or municipality. Ultimately when people sue someone they are trying
to get as much money as they possible can from someone because they think they are entitled to
maximum compensation. This is something that police officers often do not think about and can
cause issues if they are not careful. When a police officer loses their cool while making an arrest
3
SECTION 1983 LIABILITIES
and goes too far with a suspect and harms or kills that suspect, the possibilities for lawsuits are
endless and will be almost surely sought after from the surviving relatives with their lawyers.
This is where the 1983 Liability training should come into play. This training can provide
important information to help keep officers out of the courtroom being sued and, on the streets,
protecting and serving.
Training while extremely important is only as useful as to the level of quality that it is
presented with. “Policy makers for departments should be aware that training is a critical
component of any defense in civil liability cases” (Spencer, 2007, p.8). Training can save an
officer’s career but finding the right balance of how much training is vitally important to ensure
that the officer retains and understands the information. Training should be held annually to
ensure that it remains fresh in the police officers’ mind and should be of adequate length such as
two or three days. “I have found it helpful when training officers to break down the information
about liability into smaller components as a training tool” (Spencer, 2007, p.8). Ideally you want
to ensure that you have the best possible presenter who is an expert in a particular field to present
the training to ensure that the officers are receiving on the best kind of training. In this situation,
an attorney should be the person to teach the police force because they are the ones that either
defend or prosecute officers when they are placed in these situations. Having an attorney as the
instructor provides a subject matter expert to the police force and allows them to receive not only
accurate information but also any new updates to laws or policies that may have changed. To
make sure that the department policy stays up to date it is important to ensure it is reviewed also
on an annual basis or when a new case has occurred that potentially could provide new training
topics or methods to handle these issues. “Policies should be reviewed regularly to make sure
they comport with the current law” (Spencer, 2007, p.8).
4
SECTION 1983 LIABILITIES
Although police officers may not think that liability training is important, taking the time
to do the training can provide a significant defense to departments looking to avoid a large civil
suit after a complaint from a citizen. Keeping the training updated regularly within current laws
and ensuring it is reviewed after new cases emerge, will help police departments keep their
officers trained to the maximum extent possible. Finally having the police department have an
actual attorney teach the annual training to the officers will provide the best insight to how to
accurately defend a problem such as a civil suit. Moving forward, the recommendation will be to
provide this two-to-three-day annual course to all officers within the department to ensure they
all are aware of the importance of the training.
5
SECTION 1983 LIABILITIES
References
Mollenkamp, D. (2022, November 22). What does the data say about american police spending?
(C. Clarke, Ed.). Investopedia. https://www.investopedia.com/how-are-police-
departments-funded-5115578
English Standard Version Bible. (2001). ESV Online. https://esv.literalword.com/
Spencer, W. (2007, June 13). Suggested topics for training police departments in section 1983
liability. Texas City Attorney’s Association Semi-Annual Meeting. Texas City Attorney’s
Association Semi-Annual Meeting, Texas.
https://canvas.liberty.edu/courses/470786/files/93833295?module_item_id=50320132
6
Powered by TCPDF (www.tcpdf.org)
