Critical Issues in Police Civil Liability / Edition 4

by Victor E. Kappeler

Overview

As we embark on a new millennium, there is a growing concern about the misconduct of police officers in U.S. society and a well-evidenced trend toward suing law enforcement officials for acts of misconduct and abuse of authority. Today, it is more important than ever before for individuals involved in the administration and operations of criminal justice agencies—those responsible for creating or implementing policies and practices—to understand the principles of civil liability. This concise, well-organized text integrates civil law, social science, and police studies, providing an easy-to-understand analysis of the impact of legal decisions on issues confronting law enforcement officers and administrators.

Product Details

ISBN-13:	9781577664413
Publisher:	Waveland Press, Inc.
Publication date:	03/07/2006
Edition description:	Fourth Edition
Pages:	272
Product dimensions:	6.00(w) x 8.90(h) x 0.60(d)

Table of Contents

	Preface	vii
	Acknowledgments	ix
1	The Scope and Impact of Police Civil Liability	1
	The Incidence of Civil Suit	3
	Police Fear of Litigation	5
	The Cost of Civil Liability	8
	The Benefit of Civil Liability	11
	The Process of Civil Litigation	12
	Summary	14
2	The Fundamentals of State Tort Law	17
	Police Liability and State Tort Law	17
	Historical Barriers and Defenses to Police Liability	28
	Summary	33
3	The Fundamentals of Federal Liability Law	35
	The Civil Rights Act of 1871	35
	Municipal Liability under Section 1983	45
	Administrative Negligence and Deliberate Indifference	52
	Municipal Liability for Failure to Train	54
	Defenses to Section 1983 Lawsuits	60
	Summary	64
4	Civil Liability for Police Use of Excessive Force	65
	Excessive, Deadly, and Nondeadly Force	66
	State and Federal Claims	67
	Federal Standards Governing the Use of Deadly Force	71
	Standards Governing the Use of Nondeadly Force	76
	Liability for Indirect Excessive Force	78
	Summary	80
5	Police Civil Liability for High-Risk Drug Enforcement Operatons	81
	Search and Seizure Law in Drug Operations	82
	Drug Detection and Probable Cause	98
	Summary	105
6	Police Liability for Abandoning Citizens in Dangerous Places and Situations	107
	Governmental Liability for Third-Party Criminal Victimization	108
	Abandoning Vehicle Occupants and Qualified Immunity	110
	Abandoning Children and Severity of Injury	113
	Abandoning Assault Victims and Knowledge of Impending Victimization	115
	Case Analysis	117
	Summary	119
7	Legal Issues in Police Negligent Operation of Vehicles in Emergency Situations	121
	Statutory Immunities	122
	Negligence Principles and Police Pursuit	125
	Defenses to Negligent Operation	134
	Summary	135
8	Police Civil Liability for Failure to Arrest Intoxicated Drivers	137
	Traditional Barriers to Liability	138
	The Public Duty Doctrine	144
	Special Relationship	148
	Summary	153
9	The Liability of Traffic Officers: Negligence at Accident Scenes	155
	The Duty to Warn and Protect	155
	The Duty to Render Assistance	160
	The Duty to Investigate Accidents	163
	The Duty to Secure Accident Scenes	166
	Summary	168
10	Police Liability for Failure to Prevent Detainee Suicide	171
	The Framework of Negligence Litigation	172
	The Special Duty of Care	173
	Police Conduct and Breach of Duty	178
	Defenses to Detainee Suicide	186
	Summary	187
11	Shifting Conceptions of Police Civil Liability and Law Enforcement	189
	Legal Assumptions and Police Civil Liability	190
	Implications for the Future Police Executive	199
	References	203
	Cases	207
	Index	215