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NCJ Number: 134913 Add to Shopping cart Find in a Library
Title: Legal Issues in Use-of-force Claims
Journal: Police Chief  Volume:59  Issue:2  Dated:(February 1992)  Pages:16,20,22-24,28-29
Author(s): B E Roberts
Date Published: 1992
Page Count: 7
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: Civil liability stemming from police use of deadly force may become a major drain on tax funds as a result both of State tort law and Federal civil rights litigation; therefore, police agencies must understand the rules that apply to incidents involving force in the civil, rather than the criminal, context.
Abstract: United States Supreme Court decisions in 1985 and 1989 have held that the use of deadly force is a seizure under the fourth amendment and therefore must be analyzed by that section's reasonableness standard. The threefold test that must be applied requires that the seizure is governmental, that it ends the individual's freedom of movement, and that the means were intentionally applied. Courts have also focused on particular circumstances relating to force, including the use of dogs and resistance to arrest. Federal law also allows the prevailing party to recover attorneys' fees and other costs in addition to any other recovery. Therefore, understanding liability laws is a crucial part of developing a cohesive approach to preventing liability claims. Reference notes
Main Term(s): Civil liability; Police use of deadly force
Index Term(s): Lawful use of force; Police legal limitations; Search and seizure laws; US Supreme Court decisions
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