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NCJRS Abstract

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NCJ Number: 63255 Find in a Library
Title: IMPROPER USE OF DEADLY FORCE
Author(s): ANON
Corporate Author: International Assoc of Chiefs of Police
United States of America
Date Published: 1979
Page Count: 6
Sponsoring Agency: International Assoc of Chiefs of Police
Alexandria, VA 22314
Publication Number: 278
Sale Source: International Assoc of Chiefs of Police
44 Canal Center Plaza, Suite 200
Alexandria, VA 22314
United States of America
Type: Instructional Material
Language: English
Country: United States of America
Annotation: LEGAL ISSUES REGARDING THE IMPROPER USE OF DEADLY FORCE BY A POLICE OFFICER ARE DISCUSSED IN THE AREAS OF 'EXCESSIVE USE,' 'NEGLIGENCE,' AND 'VICARIOUS LIABILITY.'
Abstract: IF AN OFFICER WAS NOT JUSTIFIED UNDER STATE LAW OR WAS NOT IN COMPLIANCE WITH DEPARTMENTAL REGULATIONS IN THE USE OF A FIREARM, HE/SHE IS SUBJECT TO THE LEGAL CLAIM OF THE USE OF EXCESSIVE FORCE. SANCTIONS MAY BE APPLIED IN SOME OR ALL OF THE FOLLOWING WAYS: (1) A CIVIL ACTION IN A LOCAL OR STATE COURT, (2) A CIVIL RIGHTS ACTION FOR MONEY DAMAGES UNDER TITLE 42 OF THE U.S. CODE, SECTION 1983, IN U.S. DISTRICT COURT, (3) A STATE CRIMINAL PROSECUTION IN LOCAL OR STATE COURT, (4) A CIVIL RIGHTS CRIMINAL PROSECUTION UNDER TITLE 18 OF THE U.S. CODE, SECTION 242, IN U.S. DISTRICT COURT, AND (5) DEPARTMENTAL DISCIPLINARY ACTION. IN THE AREAS OF CIVIL LITIGATION, POLICE OFFICERS ARE VULNERABLE WITH RESPECT TO THE NEGLIGENT USE OF DEADLY FORCE AND THE INTENTIONAL USE OF EXCESSIVE FORCE. NEGLIGENCE IS INVOLVED WHEN AN OFFICER USES HIS/HER WEAPON IN SUCH A WAY AS TO EXPOSE OTHERS TO AN UNREASONABLE AND UNNECESSARY RISK OF HARM. NEGLIGENCE CANNOT ORDINARILY BE ESTABLISHED IF INNOCENT PERSONS ARE INJURED IN THE COURSE OF AN OFFICER'S ACTS OF SELF-DEFENSE. NEGLIGENCE MAY BE PROVEN WHEN AN OFFICER INFLICTS OR RISKS THE INJURY OF BYSTANDERS BY FIRING AT A FLEEING FELONY SUSPECT. VICARIOUS LIABILITY MAY BE PROVEN AGAINST A CHIEF OF POLICE OR OTHER SUSPERVISORY OFFICER IF STEPS WERE NOT TAKEN TO ASSURE THAT AN OFFICER WAS TRAINED, TESTED, AND ASSIGNED PROPERLY IN ACCORDANCE WITH STANDARDS FOR THE PROPER USE OF THE WEAPONS USED BY THE OFFICER IN QUESTION. A DISCUSSION GUIDE AND QUESTIONS AND ANSWERS ARE PROVIDED FOR USE IN POLICE TRAINING. (RCB)
Index Term(s): Course materials; Police legal training; Police use of deadly force; Police weapons use
Note: TRAINING KEY
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=63255

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