Training Police Departments in Section 1983 Liability

  • Uncategorized

TrainingPolice Departments in Section 1983 Liability

TrainingPolice Departments in Section 1983 Liability

Thepolice civil liability is turning out as a costly act. However, asignificant portion of that responsibility can be reduced throughoffering training to the officers and their leaders regarding thepractical procedures that ought to be undertaken. Other forms thatcan help in reducing those costs entail the serious considerations onthe updated versions of police manuals by the senior police officers.Despite all the undertaken efforts, it will require a considerableperiod before making a significant reduction in the police liabilitycases. The paper will illustrate the possible measures to minimizethe adverse effects of section 1893 liability lawsuits (Worden,Davies &amp Brown, 2013).

Reasonsfor Filing Lawsuits

Thereexist numerous reasons on why individuals file the lawsuits. Forinstance, some might be seeking to complain about wrong actionsundertaken by the corps. Another cause can be for accessing thenational coffers, in which the person is likely to get rewardedmassive amounts of cash as compensation. Some cases only occur whenpolice officers are sued, not as individuals, but as whole policedepartments for going against the plaintiff rights in handling agiven case.

ThePeriod Needed for Training

Thereis a need for the police departments to offer their staff with therequired knowledge, as well as skills that will guide them toundertake their tasks in an efficient manner, thus avoiding theviolation of the subject’s human rights (Johnson,2013).The education programs ought to make sure that police intelligencegoes to a higher level that might not comprise their competence infuture. The law states that any government unit within the state isanswerable regarding any action that may a have a direct impact onthe abuse of rights of persons, damage to the property, and any otherform of violation. Section 1893, chapter 21 of the federal law holdsthat a governmental unit ought to redress an individual whose humanrights have undergone abuse due to the failure of the responsibleofficer to observe the rules, statutes, or customs that protects therights of the victim in question. However, the same law commands thatthe party that filed, but then lost the lawsuit ought to cater forthe expenses incurred. Furthermore, there is a need for thesupervisors, as well as their junior officers to get grantedenlightenment regarding their actions of carrying out theiroperations. I am also of the opinion that the police officers shouldbe provided with their respective work manuals that will guide themon what they should engage in, or not indulge. Such a move willenable the Corps to protect themselves from unnecessary lawsuits thatmight damage their professional reputation (Johnson,2013).

Essenceof an Attorney to Teach the Personnel

Thereis a great need for the attorney. A good legal representative who isconversant with the police civil liability should have job privilegesof training officers together with their supervisors. There is also arequisite for the police to receive education regarding the issueshighlighted in the section 1893 of the federal constitution. Anexcellent training program for the officers regarding their job willhave a positive impact on the cases that are likely to compromisetheir police professionalism. Another benefit of relying on anattorney to administer the training is that they tend to have a broadunderstanding regarding the civil liability cases, which are the mostfragile cases in most of the governmental units. More so, researchshows that those government departments that have previously soughtto look for the services of the attorney tend to yield positiveresults, as compared to their counterparts that do not obtain thehelp of the attorney in executing their educational programs(Kratcoski&amp Das, 2014).

Thecorps, together with their superiors ought to put their expectationsto the attorney to enable them to learn more regarding the aspect ofimmunity against the lawsuits. The attorney will put more focus onthe laws that guide the police officers’ conduct regarding theirduties. In the case of such incidences, the officer will be in a goodposition to explain that they observed the required rules, or actionswhen running a given event.

HowOften Should I Learn?

Thetraining should not be limited to a given period. In fact, the firsttraining received by the corps immediately from their recruitmentshould not be part of the training. It is advisable for variousdepartments to be sending their officers to the organized trainingseminars so that the police officers keep on receiving continuousforms of education. Additionally, the departmental unit should havetheir programs in place in which the attorney can come at a giventime, throughout the year to administer the training to the police,together with the senior officers in those departments regardingtheir knowledge of the lawsuit cases, and how to avoid them. Theadvantage of having such regular training is that the officers willgain more insight regarding the method that can get employed inhandling fragile legal cases, learn more about the upcomingchallenges in the police force, and how to work towards sailingthrough them correctly (Fitch,2013).

Shoulda Department Update its Policy with New Cases?

Yes,there a need for a system unit to undergo frequent updating afterevery case, in ensuring its efficient functioning. Some cases tend tobe of the same kind, only separated by the timeframe that they dooccur. Update on each of them equips the officers with more knowledgeand skills of handling them. More high consideration ought to beplaced on efforts of updating both the past and the recent casesthrough recording them in the police manuals. The records enable theofficers to learn new skills of handling unique cases that might nothave happened in the past (Fitch,2013).

WhatPolicy will You Recommend for Your Chief Executive?

Themost suitable approach will be for the chief executives to be moreconcerned with the professionalism of their junior officers. More so,the chief officer ought to ensure the junior staff undergoes regulartraining regarding civil liabilities. Such a move will make sure thatthe police officers are conversant with the regulations regardingtheir police operations, hence enabling them to fall victims of themany cases of civil liabilities in their unit.

References

Fitch,B. D. (2012).&nbspLawEnforcement Ethics: Classic and contemporary issues.

Johnson,B. R. (2013).&nbspCrucialelements of police firearms training.Flushing, NY: Looseleaf Law Publications

Kratcoski,P. C., &amp Das, D. K. (2014).&nbspPoliceeducation and their training in the global society.Lanham: Lexington Books.

Worden,A. P., Davies, A. L. B., &amp Brown, E. K. (2013). Public Defense inan Age of Innocence.&nbspWrongfulconviction and the criminal justice reform: Making Justice,209.