Civil Liability Cases

A police administrator is exposed to liability due to negligence such as reckless driving, use of force, improbable search and seizure, false arrest, off duty incidents, accidents, wrongful hiring, leadership and etc. Managing these liabilities are vital to the police department’s reputation and success in the community (Schultz, 2010). One must have the skill to manage liabilities due to lawsuits, and perhaps it could possibly cost someone their life or job. Managing liabilities can be somewhat troublesome due to the determination on what cause the liability and how to control it before it gets out of hand. Not to mention trying to manage a tight budget putting the department and community at risk. All departments must build a culture of safety awareness through liability management (Schultz,

Many people might argue that the lack of training in the police force is more harmful to the officers than the effect it has on society. Leslie Pfeiffer mentions in her article “” that the Federal government devotes a shocking amount of money toward training, yet local police agencies are often left to fend for themselves” (Pfeiffer). Whatsoever the federal government may be doing with the funds should undoubtedly be providing effective programs and necessities to ensure a complete and sufficient training process for officers. Often time’s people forget that although the officer is vulnerable to failure, error, and possible injury, in the event of a possible suspect or wrongfully accused person the lack of knowledge perceived by the officer can cause outcomes such as hostility, hatred, and death. Not only are officers fending for themselves but in

Given the risks inherent in police work and the grave consequences that can occur when civil rights are violated, law enforcement leaders must be unwavering in holding their officers accountable. Unlike any other profession, the possibility of violating civil rights, or being

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.

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?

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.

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)

As, an law enforcement officer we expose ourselves to risks every day. Those risks can include but not limited to possibility of being sued civilly or being charges criminal for something you did while performing your law enforcement duties, while acting in the scope of your employment, either federal, state or local. (Richard G. Schott, 2012). You must make smart decision when performing your every day duties when dealing with citizen’s because you don’t want to intentionally violate a person Constitutional Rights. Being law enforcement Peace Officer is a difficult profession, which have many challenges, risks and as well as great rewards. Remember, law enforcement personnel are protected by the doctrine of qualified immunity. Doctrine of

To understand the violations within the scenario, we need to look at the scenario in its entirety and then break it down bit by bit. The fact is, police officers perform duties that include apprehending suspected criminals, providing citizens with protection, aiding people in distress, and maintaining the safety of our streets and communities (Kappeler, 2006). They must make some very tough decisions as will be apparent in the scenario that will be discussed. As stated earlier, there are a few law violations in the scenario, but there is also a possibility of two different civil liability issues that may arise out of the officer’s decisions in the scenario. The possibility of civil liability exists when police officers fail to perform their assigned duties, perform them in a negligent fashion, abuse their authority, or just make poor decisions (Kappeler,

Comes Plaintiff, Constance Wolf F/K/A Constance Wolfgram, by counsel, and for her complaint states as follows:

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.

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

When someone is seriously injured by another person, a civil suit is usually applied and with the civil suit it deals with the language and material. Descriptions of suffering given by the plaintiff’s lawyer may be contested by the defendant’s lawyer. Depending on the evidence in the civil suit you can probably describe what kind of pain the defendant might be in.

The one new thing that I learned about professional organizations and credentialing is that liability insurance is offered to its members. Liability insurance is imperative to have due to the risk of a lawsuit against counselors. Malpractice lawsuits are costly and may take years to go through. Consequently, it may be very expensive and time consuming. Therefore, professionals should consider obtaining liability insurance for protection of legal fees and representation.

Tort Law has been a Civil Law practiced and used since the beginning of Law, after mankind first discovered what was right and what was wrong. It is a private or civil wrong for which damages may be removed and involves; falls at work, work vehicles, and nuisances. It’s a civil law that can be recognized for a law suit. It has a wide range of provisions and can range from negligence, purposeful, and ethics. Among the types of damages the injured party may recover are: loss of earnings capacity, pain and suffering, and reasonable medical expenses. They include both present and future expected losses (University). For example, a piece of machinery that is neglected, not maintained, can break down while a worker is using it and