Civil Liability Cases: Monell V. Lewis

This case was one of the most anticipated Federal cases to date that deals with police pursuits. Deputy Scott was on a high speed chase with a nineteen year old clocked 73 in a 55 mph zone. This teen was not only speeding, but when cornered in a parking lot, hit Deputy Scotts’ vehicle to try to escape. Scott, along with other law enforcement, continued in pursuit of Harris. Scott requested to be able to do a Precision Intervention Technique but realized the vehicle was going too fast to maneuver

Lack of training and policing standards are closely linked to the myriad problems bedeviling police work, especially in small departments (Brodeur, 2010). All over the country, police departments report cases of officers being caught in uncompromising and unprofessional situations, resulting in disciplinary actions such as redeployment, suspension or sacking. These cases of unprofessionalism have led to questions being asked about policing, occasioned by recurring series of questionable and controversial encounters with police officers (Brodeur, 2010). The consequence of such encounters is increasing public distrust in law enforcement agencies.

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

It is the government’s ordained and foremost right to provide its citizens with reliable protection and security, especially in the face of an emergency. However, the government’s failure to provide equitable care, causing damage, injury, or death, results in legal negligence, or a person not acting to their given standard resulting in damage. In the case of Riss v. The City of New York, Linda Riss experienced negligent conduct from the New York City police department when, after she was repeatedly threatened by a rejected suitor, they did nothing to protect her until after she was mutilated with acid. With protection and ongoing investigation, Riss would have been kept safe under the responsibility that the police failed to adhere to.

We urge that the leadership of the LAPD go beyond rhetoric in carrying out its existing policies against excessive force. From the Chief of Police down to the sergeants, this means taking a firm stand against the "bad guys" on the force and employing all the instruments available training, discipline, assignments, and promotion... We recommend a new standard of accountability (1991, xiii-xiv)

Several questions were raised by the defendant after his trial, which resulted in him filing an appeal of his conviction. Although he admitted to shooting Mr. Villella, Kusmider alleged that there was negligence upon the EMT’s for failing to properly restrain Mr. Villella while being transported to the hospital. During the trial, “a pathologist testified that Mr. Villella’s death was caused by the gunshot wound to his throat, however, the wound could have been survivable (Brody & Acker, 2010, p.116). The issue of proximate causation came about during Kusmider v. State (1984). Judge Johnstone “precluded Kusmider from pursuing the issue of proximate cause before the jury as he ruled that negligent failure to provide approximate medical assistance could not interrupt the proximate causation” (Kusmider v. State, 1984).

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

The plaintiffs of this case are five recruit police officers that were hired by the City of Los Angeles between 2008 and 2009. During the Academy’s training course, the police recruits suffered injuries. The city doctors limited their activities by placing the plaintiffs in the “Recycle” program, which placed the recruits in desk jobs while they recuperated. During the Recycle program, the plaintiffs received full compensation and benefits. Although, the individuals were approved to continue in light duty until they healed from their injuries, the City of Los Angeles police department changed the policy which established six-month limit on how long recruits could stay in the recycle program. Additionally, the department informed the recruits that unless they received medical clearance they were eligible to return to the academy or else the department would discharge them.

The case of Mills v. Rogers has a significant importance in virtue of the human, civil and constitutional rights of the patients who are hospitalized at mental institutions. Despite the fact whether the patient was there voluntarily or contrary, Rogers believed that the institutions should respect the patient’s decision when it involved antipsychotic drug treatments. Rubie Rogers was a 36-year old black woman who voluntarily institutionalized herself at the Boston State Hospital (BSH). Rogers suffered from hallucinations along with delusions and acquired a history of thought disorder such as violent behavior. Before Mills v. Rogers, a prior lawsuit was filed.

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

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.”

c) within the limits of their responsibility failed to devote adequate resources and personnel to the protection of the Plaintiff d) breached their statutory duty as provided in Police Act, and particularly s. 57 (McClure, 1990, pg. 169) In the following, the paper will discuss the negligence of the Toronto Police Service in respects to the claims mentioned above by Jane Doe. By investigating negligent misconduct, the failure of the police demonstrates how their discriminatory practices indirectly led to the victimization of Jane Doe. In order to determine whether the Defendants owed a private law duty of care to Jane Doe (who suffered a loss) revolves around the parallel of the foreseeability of risk and a special relationship of proximity

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

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.