Civil Liability Essay

3270 Words14 Pages
Private Police and Civil Liability
Dan Seemann
August 4, 2014
Darrin Waters

Civil Liability and Private Police
Private police and security continue to grow at a rapid pace because of reduced Constitutional restrictions, but employers must also understand the increased civil liabilities associated with employing private security. This paper will help to evaluate civil liability and how these liabilities are applied to private police forces. Another key element will be to identify and recommend certain measures that can be implemented to help mitigate organizational and institutional liability. Mitigating these liabilities will enable a larger return on investment for the business using these private security forces.
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The next type of tort law is based on intentional negligence. This type of tort requires that the burden of proof show that the officer willfully engaged in an activity that would knowingly bring harm or injury to a person. Intent can be very difficult to prove and usually account for a minimal number of successful civil suit, one such case, “Morgan v. The City of Alvin, No.01-02-01212, 175 S.W.3d 408 (Tex. App. 1st Dist. 2004). See also Schauer v. Morgan, 01-04-00142, 175 S.W.3d 397 (Tex. App. 1st Dist. 2005), ruling that the officer, as a city employee, had immunity from liability in the arrestee’s claims against him individually, since the immunity granted to government employees under the Texas Tort Claims Act is not limited to actions carried out within the scope of their employment or in good faith.” (Farber, 2007) Strict liability is the last type of tort law where the damages must be severe for this law to be applied. This law can be applied to both the officer and the organization when assigning damages, and is most often assigned to the organization as an individual can rarely pay the damages. Additional considerations that can be associated with state tort liabilities can include wrongful death, assault and battery, and false arrest and false imprisonment. Some crimes only include some of the principles of liability, while others may contain all principles, and are known as true crimes.
An example of liability associated with a negligent
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