Emerging trends in police failure to train liability

Abstract

The United States Supreme Court in the City of Canton v. Harris (1989) held failing to train police officers may be the basis for managerial liability under Title 42 United States Code Section 1983. Using a content analysis, 1,525 Section 1983 lawsuits alleging failure to train were reviewed from 1989 to 1999. The research revealed ten frequent topic areas where the plaintiff regularly identifies police administrators as defendants. Emerging trends of this litigation and recommendations for police administrators are discussed.

Civil Litigation Against Police in Australia: Exploring Its Extent, Nature and Implications for Accountability

“…These findings do not fit the common view of police officers: that they risk being sued simply for doing their job (Novak et al, 2003;Ross, 2000). Instead, the findings suggest that a substantial proportion of litigation is a reaction to abuses of police power and position, either physically or through process corruption.…”

“…In the United States, where most research on this issue has been conducted, the two most common types of civil claims brought are for failure to train and supervise field officers correctly (Ross, 2000). These claims reflect a concern by complainants with police service institutional and administrative processes, rather than just the actions of individual officers.…”

“…US research (Ross, 2000) also indicates that about 40% of civil cases involve serious police misconduct, as opposed to technical errors or minor rights violations. McCulloch and Palmer's (2005) review of 16 judgments in finalised cases and 6 settled cases, all from Victoria and New South Wales, support this finding.…”

The ineffective police leader: Acts of commission and omission

“…American police agencies tended to do a poor job developing leadership skills among supervisory personnel (Van Maanen, 1984). The litigious nature of American society also created avenues by which liability for an officer's conduct could be attached to supervisory personnel (e.g., Ross, 2000). Consequently, newly promoted personnel struggling to delegate and demonstrate leadership may have defaulted to bureaucratic management tactics (Krimmel & Lindenmuth, 2001) or preferred a focused style of supervision in order to mitigate liability risk.…”

Development of a Transfer of Training Measure for Law Enforcement

“…However, due to the complex and dynamic nature of this profession, not all law enforcement encounters lead to favorable outcomes and can result in both criminal and civil liability. As demonstrated by the cases of Rodney King, such outcomes may affect an officer's career and the community's trust and confidence in law enforcement (Lee, Jang, IIhong, Lim, & Tushasu, 2010;Ross, 2000). Although formal law enforcement training has come a long way since its origin over 50 years ago, the need for improved quantity and quality in police training has increased, as it must reflect the demands and challenges of the community (Birzer & Tannehill, 2001;Glasgow & Lepatski, 2012;Walker, 1999).…”