Litigation against Law Enforcement Officials

Litigation against Law Enforcement Officials

This is a discussion and not an assignment so I’m just wondering if you can please put answers and names of the cited work underneath the questions. So when I read the work I will know who said what.

Introduction

Civil liability may occur under tort law in several circumstances. For instance, a police officer will be found liable when what happened can be blamed solely on the officer and on nobody else and transcends negligence. Additionally, a supervisor can be held liable when the supervisor is involved in the act or when what happened can be linked to one or all of the seven areas of supervisor negligence. Finally, a city or county is considered liable when what happened was the result of policy or custom. Recent cases have addressed the issue of liability regarding both police officers’ individual liability as well as the potential civil liability of government entities. Two such cases are Castle Rock v. Gonzales (2005) and Brosseau v. Haugen (2004).

Instructions

For this discussion, review Castle Rock v. Gonzales and Brosseau v. Haugen, considering that both of these cases could be said to favor law enforcement.

In your main post:

• Explain potential sources of tort liability and whether they would be individual and/or departmental.
• Articulate adjustments at the officer and departmental levels to avoid civil liability.
• Describe the overall impact of the sources of tort liability on the field of criminal justice.

Discussion Objectives

The competencies addressed in this discussion are supported by discussion objectives, as follows:

Competency 1: Articulate how the rules of criminal procedure apply to a criminal justice practitioner.

Explain potential individual and departmental sources of tort liability.

Competency 2: Illustrate ethical compliance with criminal procedure from a criminal justice practitioner perspective.

Articulate officer- and departmental-level adjustments needed to avoid civil liability.

Describe how sources of tort liability impact the field of criminal justice.

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