Critical Issues in Police Civil Liability / Edition 4

Critical Issues in Police Civil Liability / Edition 4

by Victor E. Kappeler
     
 

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ISBN-10: 1577664418

ISBN-13: 9781577664413

Pub. Date: 03/07/2006

Publisher: Waveland Press, Inc.

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

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
Sales rank:
1,084,637
Product dimensions:
6.00(w) x 8.90(h) x 0.60(d)

Related Subjects

Table of Contents

Prefacevii
Acknowledgmentsix
1The Scope and Impact of Police Civil Liability1
The Incidence of Civil Suit3
Police Fear of Litigation5
The Cost of Civil Liability8
The Benefit of Civil Liability11
The Process of Civil Litigation12
Summary14
2The Fundamentals of State Tort Law17
Police Liability and State Tort Law17
Historical Barriers and Defenses to Police Liability28
Summary33
3The Fundamentals of Federal Liability Law35
The Civil Rights Act of 187135
Municipal Liability under Section 198345
Administrative Negligence and Deliberate Indifference52
Municipal Liability for Failure to Train54
Defenses to Section 1983 Lawsuits60
Summary64
4Civil Liability for Police Use of Excessive Force65
Excessive, Deadly, and Nondeadly Force66
State and Federal Claims67
Federal Standards Governing the Use of Deadly Force71
Standards Governing the Use of Nondeadly Force76
Liability for Indirect Excessive Force78
Summary80
5Police Civil Liability for High-Risk Drug Enforcement Operatons81
Search and Seizure Law in Drug Operations82
Drug Detection and Probable Cause98
Summary105
6Police Liability for Abandoning Citizens in Dangerous Places and Situations107
Governmental Liability for Third-Party Criminal Victimization108
Abandoning Vehicle Occupants and Qualified Immunity110
Abandoning Children and Severity of Injury113
Abandoning Assault Victims and Knowledge of Impending Victimization115
Case Analysis117
Summary119
7Legal Issues in Police Negligent Operation of Vehicles in Emergency Situations121
Statutory Immunities122
Negligence Principles and Police Pursuit125
Defenses to Negligent Operation134
Summary135
8Police Civil Liability for Failure to Arrest Intoxicated Drivers137
Traditional Barriers to Liability138
The Public Duty Doctrine144
Special Relationship148
Summary153
9The Liability of Traffic Officers: Negligence at Accident Scenes155
The Duty to Warn and Protect155
The Duty to Render Assistance160
The Duty to Investigate Accidents163
The Duty to Secure Accident Scenes166
Summary168
10Police Liability for Failure to Prevent Detainee Suicide171
The Framework of Negligence Litigation172
The Special Duty of Care173
Police Conduct and Breach of Duty178
Defenses to Detainee Suicide186
Summary187
11Shifting Conceptions of Police Civil Liability and Law Enforcement189
Legal Assumptions and Police Civil Liability190
Implications for the Future Police Executive199
References203
Cases207
Index215

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