When it comes to a lawsuit which can include civil lawsuits, there is more than one party that is being sued. When a person files for a civil lawsuit the police department, policy makers, and at times the police officer is being sued for any unlawful actions that were against that person or person’s property. This can cause a problem for the department and all parties that are involved with the training of the police officer. As a police officer, you can be sued when in uniform or when you are in civilian clothes depending on the words that the person says. This will be discussed further into the paper. What can be concluded from the lawsuit is, was the police officer properly trained?
Properly Trained Officers
The question’s that is on everyone’s mind when a lawsuit happens is was the police officer unlawful, was the techniques that the officer used within regulation, and finally was the officer properly trained? As we have seen on the television, in the news, and on citizen’s social media is officers being recorded when they are trying to restrain
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It is better for the department to constantly make training available when new policy has been in place. As well as, annually checking personal files to ensure that the training was completed. The best way that the department can ensure the successfulness of a trained officer is to have a lawyer teach them about liability lawsuits. Its best to have a lawyer teach the officers because they have been to court, the lawyers knows what is expected, and can show the officers the prevention of civil liabilities’ (Spencer, 2007). This can include ensuring that the policy makers update their protocol and training programs when it affects the department or surrounding departments. This can ensure that future civil and criminal lawsuits are not an
A controversial topic in today’s policing is whether police use reasonable force or excessive force in certain situations. By definition excessive force is any force beyond what’s necessary to arrest a suspect and keep police and bystanders safe. There have been a number of occasions where an officer has crossed the line and went farther then he or she needed to subdue the person getting arrested. With social media and the constant need to record things on camera many of these incidents have gone viral and caught the attention of the public. This can be helpful in certain cases and at the same time recording an officer puts him in a situation where he knows he is being recorded so he has to be mindful of what he says and does. That can cloud his judgement and put the bystanders in danger as well as himself.
In recent years police actions, especially police abuse remains one of the most serious and estranged human rights violation in the United States. While citizens worry about protecting themselves from criminals, it has now been shown that they must also keep an eye on those who are supposed to protect us. Thousands of individuals that complained about police abuse are reported each year and local authorities pay out millions of dollars to victims in damages after all the lawsuits. Police have beaten, shot at unresisting suspects; they have misused their batons, and also their electroshock weapons. Over the past decade, police officers have acted out in ways that make people wonder, are these officers of the law really doing their job? Severe beatings, unjustified shootings, and rough treatment have all contributed to the problem of police brutality in America. Police officers continue to abuse their given authority by acting in a brutal manner in order to control a detained suspect. The job of a police officer is to maintain public order, prevent, and detect crime. They are engaged in a dangerous and stressful occupation that can absolutely involve violent situations that must be controlled. In many of these confrontations with the public, it may become necessary for the police to administer force to take control of the situation. Sometimes excessive force takes the form of hand-to-hand combat with a suspect who is resisting arrest. At least once every month or two the news
Allen versus the city of Oakland was one of the largest lawsuits filed and won against the Oakland Police Department for police misconduct. Misconduct has always been an issue with law enforcement. Starting in the early years of law enforcement there were policies set to keep officers from committing these actions. In time, the policies have been changed, reconstructed, and updated to increase effectiveness and efficiency. To get a better view on how these policies are implemented, the actions of the police officers in Allen versus the city of Oakland will be examined and the justifications for their actions will be reviewed. Not all actions can be justified though. For those types of actions with no justification, an
What type of cases you heard and how are District Court cases different from Superior Court cases?
Comes Plaintiff, Constance Wolf F/K/A Constance Wolfgram, by counsel, and for her complaint states as follows:
There are thousand among thousands of misconduct reports filed each year against the law enforcement for police officers using excessive force complaints make up nearly one quarter (Harvard Law Review, 2010). Decision, decision, decision… when a police officer decides to gun down a suspect during encounter or an arrest it the police officer decision. Particularly, that these deadly encounters are being video filmed by the communities that these police officers serve. The communities has come together to protest against the excessive force that police officers are displaying across the United States. These encounter that are being filmed by the communities are asking why are these acts continue to happen. With the advancing of technology (cell phone with cameras) and social media being played or watch throughout the real world display an unpredictable behavior among both police officers and the communities that they serve. These action has push Law Enforcement to consider a solution; Body worn cameras might be part of a solution for the growing recognition that the United States real problem with police excessive force. In August 2014 the shooting of Michael Brown in Ferguson, Missouri or April 12, 2015 of Freddie Gray arrest in Baltimore, Maryland or March 3, 1991 of Rodney King in Los Angeles, California; there are many more misconduct of
Imagine waking up in the recovery room from being sedated for a procedure in which one of your limbs has been amputated. While in recovery you are in and out of consciousness. Finally after being in recovery for 2 hours you are taken to a step down unit to recover and receive teaching and therapy. After getting settled into bed you gets the guts to throw back you sheets and take a look where there was once a left leg. To your horror your left leg is there and your right leg is not! “The Joint Commission considers wrong site surgery to be a sentinel events which is defined as "an unexpected occurrence involving death or serious
I have developed a comprehensive and workable solution for our product “ROCKET BOARD”. “ROCKET BOARD” has received bad publicity and our consumers are demanding for a change to our product. I have issued a course of action to help us maintain sales and growth for 306 SPORT INC.
Anthony Pinizzotto concludes that, “Training should be viewed as an investment law enforcement agencies make for the present and future.” I agree that investing in training may pay dividends towards the future of the department, and there should be a constant evaluation of the training needs of the department. During economic hardships many departments, who may already find themselves lacking funding, to feeling as though they have to produce more with less. I agree with Pinizzotto’s perspective that training is like the structure of a house and each serves a purpose as he mentioned entrance-level training, in-service training, supervisory training, and administrative training.
Mrs Montgomery was repeatedly let down by both the Inner and Outer House Court of Session when the case was brought in 2010 and 2013. Even though, there was a material risk involved in the proposed treatment, which Mrs Montgomery was not made aware of, on both occasions the Bolam test was applied to rule in favour of the medical professional. Therefore, arguably this case demonstrates the Court of Sessions tendency to favour the medical profession because material risk was not defensible under the Bolam test. The judgement in this case is illustrative of the inconsistent approaches in applying the Bolam test because in 2015 the Supreme Court overturned the
Despite their conclusions of the investigation, no disciplinary action were taken against the eight officers. Nevertheless, Chief Charlie Beck stated that all the officer that were involved will receive training. Despite seriously injuring two women, the Chief Charlie Beck believed the appropriate method was to re-train their officers which the department should already be doing.
In Rialto, CA a police department that wore body mounted cameras that recorded everything that happened on their shifts saw in the first year the incidents of use of force by police drop by 60% and complaints against their police force drop by 88%. (3) Every year there are approximately 5,000 complaints filed against police officers and about 25% of them are related to the use of using excessive force with sexual misconduct complaints the next most common at 9.3%. As a result of this police departments across the country are being forced to spend millions to settle these complaints. In 2010 over $346 million was paid out for misconduct claims and this did not include court costs, attorney fees or sealed settlements. (11)
What makes this country so great? Most people disagree on the answer to that question. Some say it’s the freedom of speech that we have. Others will say that it’s our ability to vote and elect who we want to lead us. This is all well and good, but what really sets our country apart from many others is our right to a speedy and public trial of our peers. Some governments in other parts of the world reserve the right to take any citizen right off of the street and place him or her in jail with no other reason than a faulty witness who, more often times than not, is being pressured to bear false judgment against them. In our court system, there are many components that are in place to insure our citizens have a fair
A Civil Action is a movie about a lawyer who investigates a court case about an issue going on within the drinking water of an area. The water seems to be causing kids cancer, Jan decided to take the case to court, to only end up realizing it’s going to take millions of dollars. He becomes obsessed with the case and ends up losing lots to try to figure it out. "A Civil Action Summary." SuperSummary Web. [1] The case ends up settling for $8million but the parents of the children aren’t satisfied because the didn’t get an apology, the whole case was never about the money for them. Jan ends up losing everything for this case and putting his law firm into debt.
While most people automatically think of police brutality whenever the term “police misconduct” is brought up, brutality is but one subtitle of what we call police misconduct. Police usually have broad powers to carry out their duties, the constitution place limits on how far police can go when enforcing the law. Sometimes police officers go to far and they violate the rights of citizens. When one acts outside of those established rules, the victim of the misconduct may have recourse through federal and state laws. The purpose of these laws are to protect citizens from abuse by police misconduct. There is an important difference