Civil Liability Cases

Grant, H.B. and Terry, K.J. 2008: Law Enforcement in the 21st Century. (2nd ed.). Upper Saddle, River, NJ. Pearson/Prentice Hall.

When one thinks of police misconduct many not too distant stories might go through our heads. Most adults will remember how they felt when they saw the brutal beating of Rodney King on their local news station; or the outrage they experienced when they heard that the evidence in the OJ Simpson trial had been tampered with. But thanks to new guidelines, procedures and even civilian groups who now “police” the police, instances of police misconduct may soon start seeing a decline.

While being a police officer, you have guidelines and rules that you need to follow just as if you worked as a chef or even a sales associate you have rules

Police officers are generally well-respected in American society. They should be, since officers protect the public from drunk drivers, gunmen and other threats to the commonwealth. However, in light of uncovered events involving the misconduct of police officers, these events call into question the ability of police officers to successfully protect and serve the American people. However, in 2010, 6,613 law enforcement officers were reported for involvement in misconduct which varied from excessive force, sexual misconduct et cetera (Packman). Having 6,613 reported cases of police misconduct in America is ridiculous, especially since it is hard validating the claims against officers and it is difficult to punish officers because of this lack of evidence. While the purpose of police officers in society is to protect the commonwealth of the people, the amount of police misconduct in the United States of America involving excessive force and sexual misconduct is detrimental to the credibility of all police officers. This in turn causes rifts and distrust among the American people concerning officers. Police misconduct can be reduced in American society by requiring police officers to wear cameras while on duty, having a clear definition on what excessive force is and defining how much force is legal for an officer to utilize, and better training geared to improve overall conduct with citizens, especially mentally ill citizens.

There are many defendants in this case. First and foremost Dale, the loss prevention officer for Wal-Mart, is a defendant because he intentionally restrained Bob against his will and the restraint was unlawful. Dale also failed to follow company rules; Dale was supposed to watch a video that explained how to catch and deal with thieves but decided not to watch the video. The second defendant would be Dale’s supervisor. The supervisor recorded a pass on an exam that dale did not take. The exam Dale failed to write was based on the video that Dale did not watch. The third defendant would be Wal-Mart; Wal-Mart assumes liability because they could be at fault for not properly training staff. Bob would want to take action on

Currently, there is a lawsuit pending in Vigo Superior Court which is alleging that negligence by a property owner contributed to the death of three people. These deaths were a result of a fire which engulfed a rental property. The lawsuit claims that both the property owner and the property agent had failed to ensure that there were functional smoke detectors installed within the home. This home was occupied by Kayla Lewis, her daughter Gabrielle, and her stepbrother Jeremiah. Gabrielle age 2, was pronounced dead at the scene amongst the early morning fire at the home. Jeremiah age 5, was transported from the scene but later died at the hospital. Gabrielle's sister Chloe age 3, and her mother Kayla were both hospitalized due to injuries sustained in the fire. Kayla made it to the hospital, but later died.

Millions of free citizens around the world have reported misconduct by law enforcement officers. In the United States alone, 8,800 officers have been reported as using excessive force when performing their job (Packman). One of the major causes of excessive use of force by the police is anxiety and rage brought on by low compensation. The police is a force that is meant to protect the people against threats, not to be a threat. Police are not compensated enough for the dangerous job they dedicate themselves to perform each day. The Federal Government should provide a safe environment to properly maintain a lawful country. When police do not perform their job correctly, the environment is not safe. Therefore, the Federal Government needs to

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

As far back during the time of the Great Depression law enforcement has been used by local, state, and federal government agencies-authority to enforce the law and preserve justice (Yamato, 2011). U.S. law enforcement officers, security guards, and other officials like judges and prosecutors have been given tremendous power. The resolution of the law enforcer is to assert justice and ensure the constitutional rights of all citizens are upheld. However, police misconduct is regularly reported: excessive force, sexual assaults, false arrest, fabrication of evidence, deprivation of property and failure to keep from harm. Excessive force is when law enforcement officers are allowed to use whatever force is reasonably necessary (Federal Bureau of Investigation, (2015). Consequently, disagreement between the police and the citizens are escalating.

The issues that our police departments face in today’s society consist of corrupt police departments, publicity, operating expenses, and constant training to meet the guidelines set by court decisions.

a. As New York Times reporter Erwin Chemerinsky notes, “In recent years, the court has made it very difficult, and often impossible, to hold police officers and the governments that employ them accountable for civil rights violations. This undermines the ability to deter illegal police behavior and leaves victims without compensation.”

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?

Civil liability cases are increasingly common against police officers and their departments, with failure-to-train and failure-to-supervise claims serving as to of the most common types of claims. Over the past four decades the courts have established and revised their standards for liability for both officers and their supervisors, and the United States Supreme Court has reviewed and reconsidered the threshold under which defendants in such cases may be held liable. Several landmark cases have established precedents in this area, including Monell v. New York City Department of Social Services (1978) and County of Sacramento v. Lewis (1989). In the decade that passed between cases, the Supreme Court moved the threshold for liability from gross negligence to deliberate indifference, establishing “a high hurdle for the plaintiff to overcome when asserting a training deficiency” (Ross, p.156). This new standard has come to be known as the Lewis test, and plaintiffs must meet this standard in order to prevail.

The courts become an important source of control in two ways. First, the courts are used to assess the appropriateness of many longstanding police practices and procedures through legal challenges. Second, both individual officers and their governing entities are increasingly subject to civil and criminal liability for unreasonable actions, policies, and practices (Alpert, 2004). By restricting police use of deadly

Police use of force policies are used by all types of law enforcement officers. There is a concern for a balance of ethical decisions. There are mutual concerns for the rights and lives of civilians and the wellbeing and lives of officers. Upholding excessive stress-free standards for employed law enforcement is detrimental to police use of force mandates. Police organizations can reduce some of the scenarios that cause use of force outcomes. There is a need to find what process can identify potential issues prior to events or actions that cause criminal misconduct by law enforcement. Police training and development needs reassessment. There needs to be an administration of logic and reasoning prior to the use of any force, especially deadly force. Most of the police operations that incite these negative outcomes are avoidable with the implementation of proper training.