U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

REDUCING THE COST OF CIVIL LITIGATION: USE OF FORCE INCIDENTS

NCJ Number
142895
Journal
Law and Order Volume: 41 Issue: 5 Dated: (May 1993) Pages: 31-34
Author(s)
S Stewart; B Hart
Date Published
1993
Length
4 pages
Annotation
The cost of unnecessary civil litigation brought against police departments can be measured in the actual dollar cost associated with defending the suits as well as the cost in terms of an officer's ability to perform his job.
Abstract
Being named in a civil suit seeking punitive damages can cause an officer to question his abilities, second guess decisions, and possibly hesitate before taking appropriate action. Many police departments respond reactively to civil litigation, resulting in fragmented training and lack of integration. Law enforcement agencies often wait until a suit has been filed to begin investigating the incident in question, thereby increasing chances that evidence normally available for defense of a public entity will be lost. The San Bernardino County (California) Sheriff's Department has instituted two programs to increase officer safety and decrease civil liability. The Use of Force Training and Qualification Program provides training and practice in both cognitive and manipulative skills that pertain to use of force. Issues covered in the training include departmental philosophy and policies, force options and escalation- deescalation of force, tactical communications, passive and active countermeasures, intermediate weapons, and lethal force. The Use of Force Response Team and Use of Force Reporting Form are key to obtaining evidence and documenting all aspects of the incident for use in court.