Civil Liability can be a problem for almost everyone in ever day life. Civil Liability impacts police officer ever day in their lives and at work. It can be defined as a citizen’s responsibility to each other and provided law suits to recover damages for injured caused by failing to carry out these responsibilities.
It also very well can impact more than only police officers but anyone put in the situation to deal with the rights of people. Police Officers must always be aware of situations around them and because the world is constantly changing so must an officers training. They must constantly be trained and improving their skills to lessen the risk of civil liability.A supervisor should always make sure their officers are trained enough and be satisfied they are to put them out in to their daily work to avoid being sued.
Being a police officer is clearly not always a safe job. On the other hand it is not just police officers who are affected by civil liability. Practically anyone can be brought to the point of being sued for civil liability. For example a company owner should take great responsibility in making sure all of the things he can do to prevent injuries to his employees are taking. There are two main types of claims that are typically filed a tort claim and a civil rights claim.
Tort Law claims are basically know as a wrong doing. It is a civil law suit in which actions are brought to protect an individual’s private rights and say that they are harmed by someone else’s fault or wrongdoing. These law suits are typically settled for money, very large amounts as well. Hundreds to thousands of cases are dealing with a tort law claim.An example of this is a case called Montgomery County Products Liability Case which a man became injured by a steel-cutting machine he was operating. The man working on the machine accidentally got the sleeve of his left arm caught in the steel-cutting machine he was operating.
His arm became pulled into the machine. He had injuries to his hand to his hand and his forearm that eventually led to the amputation of part of his thumb. The man had significant loss of function in his hand and arm, the man was also said to have post-traumatic stress syndrome. The case went on and on with many debates as the company argues that the employee should have been assumed he was at risk when he placed his hand near machine that was moving.
As a civil liability case usually is settled, by money, the company became guilty and settled giving their worker 1.26 million dollars for his injury and loss.Officers can also be sued for more than just that but an Intentional Tort which is an illegal act committed on purpose such as false imprisonment, false arrest and fraud. Suppose a police officer or a security officer imposes that one stole from a store and correctly as they should, the officer confronts them as they walk outside the store. People are walking by and could hear and he could get a reputation as a “criminal” or a “thief”. As the officer checks the man and he did not steal anything the officer can then be held accountable for false imprisonment.
In which the suspect can then sue against the officer for ruining his reputation.Strict liability when this happens when the injury or damage is very severe that it is very well reasonable that the harm could have been a foreseeable and prevented. The main issue with this is whether the officer or department should pay the money that should fairly be awarded. Typically the department ends up paying.Another way an officer, department supervisor can become sued is by negligence.
This is the failure to use care to prevent foreseeable injury that results in damages. Such as hiring and training their workers properly as well as retraining them properly and having proper supervision over them. Types of these problems are negligent hiring, negligent supervision, failure to train, negligent to entrustment, negligent assignment, failure to direct officers, failure to protect, acting under color of law, violation of one’s constitutional rights and failure to treat an injured person.Also other things can fall under this category such as excessive force which is force beyond that challenge of the person. Officers must know where to draw the line. Assault is an intentional act causing reasonable apprehension of physical harm in the mind of another.
The second common way one can get sued by another is when one files a civil rights claim. This is a claim made by anyone acting under the authority of local or state law who violates another person’s constitutional rights; even though they are up holding a aw they can be sued. This goes from natural rights that a citizen had today as to equal rights to everyone for example not allowing discrimination and equal protection.If a police officer was on a high-speed chase and the criminal was non-violent, which usually tends to be the case, if injuries do occur and someone gets hurt, a lawsuit typically tends to occur against the officer and their department.
An example of this is a case called McKenna vs. Edgell. In this case a man sued for violation of his 4th amendment. A man called for 911 for help as police officers went to the house as they should and did not find the man right away. They began to search the house and when they found him they cuffed an elder man for being violent towards the officers.
The man took the officers and their department to court and ended up winning in settlement for money. There are a few ways officers can defend themselves to liability which consist of:1) If the officer followed his or her duties and procedures in the situation.2) If they acted in good faith.3) If they did not intend to deprive a plaintiff of a constitutional right.4) If the officer acted with what seems to be a considerable, reasonable judgmental at the time with valid authority.5) If they acted with proper use of force6) If they constantly were acting professional while containing good and reasonable communications and relations.
Officers also have their individual rights:1) They may act in their own good judgment in faith if reasonable.2) They don’t have to accept an assignment they don’t like or don’t feel comfortable with or in a section where they don’t work.3) Self-defense of themselves within reason.4) With correct, qualified training can act anywhere or take proper control in any situation.
5) Basic rights as long as they follow all the laws at all times. Civil Liability greatly impacts everyone dealing with the rights of people to become more cautious constantly. An officer must look out for nearly everything they deal with in situations and follow all procedures at all times. Proper training, hiring, establishing clear polices contracts and insurance can reduce liability problems.As well as improving officers knowledge of their surroundings and rights can lower chances of a civil liability claim. Officers should never stopped being retrained or made sure they know what they are supposed to know throughout from where they are hired.
If departments and supervisors, as well as people in charge continue to check for problems or improve polices to better against civil liability hopefully the risk will be lowered.
