Nature of Civil Liability Associated With Policing Term Paper

Civil Liability Associated With Policing

Civil liability and policing

The law enforcement agencies and their officers are widely trusted for upholding the law and implementing the requirements of the law as well as protecting the innocent citizens from those who may want to break the law. However, several instances have seen the law enforcement agencies or officer fall in the trap of facing litigation. Civil liability remains a concern within American policing and it might never stop going in any time in the near future. On several occasions civil lawsuits are filed against police for instance when they violate the civil rights of a citizen, engage in neglect of the law as well as blatant abuse of powers bestowed upon them by the law and the constitution. Police officers as well as their administrators are aware of the possible litigations that normally surface though many citizens are still not aware of circumstances under which police officers might be held liable to their actions and answerable to the law. Apparently even the police are caught in this web of ignorance hence there is need for police administrators to understand the law and the way police practices can potentially result to litigation. The aim is to lower the rate of law suits within the department as the liability costs in policing may be astronomical.

There are various reasons for which a citizen may be compelled or may choose to sue a police department or an individual police officer, (Steve Cragg, 2012);

a) The feeling of people is that taking any formal complaint against the police to their heads within their departments rarely succeeds with tangible actions seen hence opt for the litigation route.

b) Many people also feel that in case they will be successful they will get financial compensation in form of cash.

c) Citizens may want to sue the police because they may have been genuinely wronged hence seeking justice.One of the major reasons why people sue the police officers is wrongful arrest and illegal detention. This is unlawful arrest and detention which is known as false imprisonment. The police department has the obligation of justifying any arrest and detention and in any circumstances where the police will go a head and act outside their powers then it important for the individual to seek justice as this is in contravention of the constitutional amendment against wrongful detention. Cases of false imprisonment can take place at your home, on the street, within a police vehicle and at the police station; it can be said to take place at any place where police tend to control ones freedom.

Assault is yet another common scenario that contributes to citizens suing the police. This may cover a wider range than may be thought by many people. An individual is considered assaulted once he is roughly handled without a lawful reason to do that, as well as putting an individual in fear of potential violence that if emanates could cause physical harm. This may include punches, kicking and undergo illegal body searches. Any assault from the police should be followed by seeing a doctor immediately for identification of the injuries. If possible photos may be taken so that there is enough evidence without doubt that the assault took place so that the responsible officer does not go scot free due to lack of evidence hence people loosing faith in quest for justice.

When an individual is satisfied that he has evidence beyond doubt that he was assaulted by a police officer, he can go on and sue the police department or the concerned….....