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Beyond City Limits and Into the Woods: A Brief Look at the Policy Impact of City of Canton V. Harris and Wood V. Ostrander

NCJ Number
132258
Journal
American Journal of Police Volume: 10 Issue: 1 Dated: (1991) Pages: 19-40
Author(s)
G P Alpert; W C Smith
Date Published
1991
Length
22 pages
Annotation
This analysis attempts to identify some of the difficulties created by the U.S. Supreme Court's recent decision in City of Canton v. Harris which holds that inadequate police training may result in the imposition of municipal liability only where the failure to train amounts to a deliberate indifference to the constitutional rights of those with whom the police come into contact.
Abstract
The area of pursuit driving is used to illustrate actions necessary to avoid the trap of deliberate indifference in departmental policy or training for individual police officers. The significance of the holding, which remains ambiguous in application, is its invitation to create defensible policy. An appropriate policy involves both principles and values which guide the officer's and the department's performance and which are formulated by identifying, for the officers, how to realize the stated objectives. Variables to be considered include officer background and preparation; knowledge of incident, area, and conditions; and information pertaining to offender. Guidelines for creating a pursuit policy are outlined. 23 references