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Liability for Failure To Adequately Train

NCJ Number
133473
Journal
Police Chief Volume: 58 Issue: 11 Dated: (November 1991) Pages: 26-27,29
Author(s)
D M Daane; J E Hendricks
Date Published
1991
Length
3 pages
Annotation
This article examines the various legal concepts under which police agencies may be held accountable for failure to train police officers adequately.
Abstract
If an allegation of a civil rights violation is brought against the police, the suit must be brought in Federal court. For a plaintiff to be successful in a civil rights action that alleges municipal liability for failure to train, the plaintiff must show the existence of a policy attributable to policymakers that violated the constitutional rights of others or that -- in the case of a policy based on custom -- there was more than one incident of constitutional rights violation. The plaintiff must also show that the policy was the result of deliberate indifference to the rights of persons within the jurisdiction of the police department. Such a stringent standard may be difficult for a plaintiff to prove. Should an allegation charge negligence in police training, the case is brought in State court. Negligence is the breach of a legal duty owed to the plaintiff that causes injury to the plaintiff. The duty owed to the plaintiff may be breached by any action that falls below the reasonable standard of care customarily exercised by members of police administration in matters of training. Small police departments with fewer opportunities for initial training and regular inservice training are particularly vulnerable to this type of suit.