Critical Issues in Police Civil Liability


Book Description

Building on the strength of previous editions, the fourth edition presents a well-conceived, clearly stated analysis of complex issues confronting law enforcement officers and administrators. Law enforcement duties sometimes place police officers in vulnerable positions regarding their legal obligations and expose them to charges of misconduct. Civil liability is an extremely expensive proposition for police officers, law enforcement agencies, governments, andultimatelytaxpayers. Although substantial resources are often expended by the justice system to resolve liability cases, there are benefits to citizens. When the government assumes the responsibility to provide service or to protect the public, people injured by inadequate performance of those responsibilities deserve compensation; innocent parties who suffer injury should have an avenue for redress. The potential for litigation has been an impetus for better training and more responsible practices. Another excellent resource on the topic, Kappelers edited volume of Supreme Court cases, Police Civil Liability, Second Edition, allows students to understand firsthand the legal reasoning behind Court decisions dealing with these same issues.




Police Civil Liability


Book Description




Police Liability and Risk Management


Book Description

Law enforcement agencies and their employees are continually at risk for potential liability related to torts, civil rights violations, and employment law issues. Litigation may involve suits by the public against officers and the administration, actions by the administration against officers, or actions by officers against the administration or me




Police Liability


Book Description

Police Liability: Lawsuits Against the Police provides insights and directions for police managers and trainers as they cope with liability suits filed against their agencies. The book encourages them to develop stronger and more meaningful policies, improved training, closer supervision, and more accountable discipline. Payne provides the readers with a detailed review of general police liability followed by a detailed review of 53 actual cases litigated against the police. Actual cases are presented in the chapters "Police Use of Force," "Police Pursuits," "General Police Procedures," and "Police Procedures when Conducting Homicide Investigations." Each of these chapters includes a review of relevant literature and case law, followed by the cases in point. The 53 cases are presented in three parts: an outline of the facts, critical issues and factors involved, and the author's commentary and recommendations for the police. The analyses presented in this book highlight strengths and weaknesses in police responses to actual incidents. Readers are provided with sufficient insights to change agency practices that lead to law suits and identify training issues to enhance police response to the focal areas covered in the book. "Payne has presented an excellent text for both the practitioner and the academian... After reading this text, I reviewed numerous cases involving the four areas examined by Payne and found the very issues presented in the text in real cases within my agency and in several surrounding communities. It is for this reason, and the user-friendly format of the text, that I strongly recommend this book for every member of the law enforcement community. I also feel that the text would be an excellent supplement to supervision curricula, leadership training, and law enforcement courses." -- William W. Johnson, Sr., Gloucester City (New Jersey) Police Department, Criminal Justice Review, Spring 2004




Critical Issues in Police Civil Liability


Book Description

This text indicates law, administrative practice, and police operations have become so intertwined that police administrators can no longer be effective without understanding the principles of civil liability. The text addresses the impact of judicial decisions on issues confronting police officers, such as use of force, high- risk drug enforcement operations, abandoning citizens in dangerous places, negligent operation of emergency vehicles, failure to arrest intoxicated drivers, negligence at accident scenes, and death and suicide in detention. Findings of police science research are incorporated into legal discussions to place the law in a context meaningful to police officers and executives. The text also covers the scope and impact of police civil liability, fundamentals of State tort law and Federal liability law, and shifting concepts of police civil liability and law enforcement. A list of cases is included.




The Crisis of Police Liability Lawsuits


Book Description

The Crisis of Police Liability Lawsuits: Prevention and Management explains and illustrates how and why attorneys are winning an increasing number of unwarranted lawsuits against the police. This concise and practical guide discusses how these lawsuits have negatively impacted police morale and effectiveness, and how police departments both small and large can work to reverse this dangerous trend. Using examples culled from actual deposition and trial testimony, the book demonstrates the tactics used by lawyers to win exorbitant verdicts even when the police had acted in good faith to carry out their responsibilities. Several egregious cases that resulted in settlements or unjust verdicts are examined. Chapters cover the differences between criminal law, state tort law, and federal civil rights litigation; the history and recent expansion of police liability; common mistakes officers make; and how they can stay focused in the face of questioning by aggressive attorneys. Information and training is provided regarding arrest procedures, documentation of probable cause, and appropriate strategies for police defendants and witnesses. Based on his long experience as a police officer, an attorney, and a legal consultant for both plaintiffs and defendants in police-liability cases, Signorelli provides step-by-step, easy-to-follow strategies that will help police officers successfully defend themselves and their agencies.




THE POLICE OFFICER'S GUIDE TO CIVIL LIABILIT


Book Description

For the first time, a comprehensive text has brought together the major topics concerning police liability. It is written from the perspective of a ten-year police veteran - written by a cop for cops. It will help the average cop understand and cope with a frightening area of today's society, as well as help current and future police administrators under stand how to deal with civil liability. Today's police officer is twenty times more likely to be sued than to be shot. Yet, the average police officer has received a hundred times more training on fire arms use than in learning how to protect oneself from the civil lawsuit. With the number of lawsuits against individual officers and departments on the rise, we can no longer ignore the need to educate ourselves against the threat of civil liability. This book acts as a road map of basic training to find the way through the labyrinth of our civil justice system. No other book attacks the problem of understanding the growing theories of police civil liability. Whether used in a college classroom, academy, or personal library, this is must reading for every police officer working today. Those who arm themselves in this knowledge area can survive the horrendous attacks by money-hungry litigants and will be better prepared to lead the law enforcement community into the next century.




Police Civil Liability


Book Description

The thirty-five Supreme Court cases in the second edition provide a solid, accessible foundation for understanding civil liability law and its impact on policing operations and management. This convenient resource also includes a brief review of the basics of judicial reasoning and a short introduction on how to brief cases. These materials and the discussion questions at the end of each section help readers understand the process of legal inquiry and analysis and the changing nature of police civil liability law. An excellent complement to Kappelers text Critical Issues in Police Civil Liability, Fourth Edition!




Police Vehicular Pursuits


Book Description

The field of police vehicular pursuits is replete with complex, often conflicting, legal issues. The consequences of negligence can have far- reaching implications for law enforcement agencies as well as individuals. While this book is not an indepth legal analysis of pursuit ramifications, it provides discriminating readers with the most up-to-date guide to understanding the many legal intricacies involved with police pursuits. The text provides comprehensive examination of legal aspects underlying police department pursuits and policy considerations; exploration of liability and negligence, including municipal liability, training, breach of duty, and deliberate indifference; state tort law, including intentional tort, public duty, contributing negligence, assumption of risk, and sudden peril; federal liability law pertaining to police vehicular pursuits; the use of force involved in pursuits; and considerations of a national pursuit policy. This timely book is an exceptional resource for professionals and students of criminal justice and law enforcement in helping to understand the many intricate concepts in vehicular pursuit currently facing administrators and patrol officer in the field.




Civil Liability in Criminal Justice


Book Description

Understanding case law in high-liability areas and performing the job within a legal framework places a criminal justice agency in the best position to defend against a lawsuit. This handbook addresses the problems confronting criminal justice practitioners and their agencies due to the ever-increasing number of civil liability lawsuits. It introduces the reader to civil liability generally and the federal law specifically, while indicating the steps that can be taken to minimize the risk of litigation. Civil Liability in Criminal Justice is one of very few texts on the subject that combines applicable case law and related liability research, a valuable feature for current and future policy makers and managers. Ross also provides an overview of current case law in high-liability areas, enhancing student knowledge and practitioner job performance.