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

POLICE CIVIL LIABILITY - SUPERVISORY LIABILITY

NCJ Number
67438
Date Published
1980
Length
0 pages
Annotation
THIS FILM, INTENDED FOR POLICE OFFICER TRAINING, CALLS ATTENTION TO THE POTENTIAL FOR CIVIL LITIGATION SUITS AGAINST POLICE SUPERVISORY PERSONNEL ON GROUNDS OF NEGLIGENT DECISIONMAKING.
Abstract
THE BASIC ISSUE IS ONE THAT AFFECTS ALL POLICE OFFICERS INVOLVED IN THE HIRING, TRAINING, OR DIRECTING OF PERSONNEL IN THE COURSE OF LAW ENFORCEMENT WORK. THE OFFICER IN CHARGE OF A FIELD OPERATION MAY BE HELD PERSONALLY LIABLE FOR ACTIONS TAKEN UNDER HIS COMMAND IF IT CAN BE SHOWN IN COURT THAT HE FAILED TO EXERCISE REASONABLE CARE IN HIS DECISIONMAKING. SCENES ILLUSTRATE TYPICAL SITUATIONS IN POLICE WORK IN WHICH, THE SUPERVISORY DIRECTIONS ARE GIVEN UNDER INTENSE PRESSURES OF TIME AND THREAT TO LIFE. OTHER ILLUSTRATIONS DEMONSTRATE LAXITY OF CONTROL OVER SUBORDINATE PERSONNEL IN MATTERS OF SEEMING DETAIL. THIS SEEMING TRIVIALITIES NEVERTHELESS CONSTITUTE NEGLIGENT SUPERVISION. IRRESPONSIBLE PERSONNEL DECISIONS ARE SHOWN IN THE CASE OF AN OFFICER ALLOWED TO CONTINUE ON THE FORCE DESPITE SUSPICIONS OF ALCOHOL ABUSE AND OF AN OFFICER HIRED DESPITE A RECORD OF VIOLENCE IN HIS BACKROUND (THE OFFICER LATER STANDS TRIAL ON A BRUTALITY CHARGE). FURTHER LIABILITIES INVOLVE SLOPPY TRAINING AND ARMING RECRUITS WITHOUT ADEQUATE INSTRUCTION IN THE USE OF WEAPONRY. DISCUSSION TIME IS PROVIDED FOLLOWING INDIVIDUAL SCENES, AND POLICE OFFICERS ARE URGED TO EXERCISE GREAT CARE AND THOROUGHNESS IN HIRING APPLICANTS FOR POLICE WORK, AND TRAINING RECRUITS IN ARREST PROCEDURES, USE OF MOTOR VEHICLES, PHYSICAL FORCE, FIREARMS, AND FIRST AID. (MRK)