Police Liability and Risk Management: Torts, Civil Rights, and Employment Law

345 Pages·2013·31.32 MB·English

by  Robert J Girod

FORENSICS AND CRIMINAL JUSTICE Girod
Police Liability
Police Liability
and
Risk Management
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Torts, Civil Rights, and Employment Law c Risk Management
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Law enforcement agencies and their employees are continually at risk for potential i
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liability related to torts, civil rights violations, and employment law issues. Litigation
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may involve suits by the public against officers and the administration, actions by the
i Torts, Civil Rights,
administration against officers, or actions by officers against the administration or l
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members of the public they serve. Knowledge of these risks and understanding how they t
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arise are essential to law enforcement officers, administrators, and their legal counsel. and Employment Law

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Police Liability and Risk Management: Torts, Civil Rights, and Employment Law is written n
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by an attorney, a 34-year law enforcement veteran who knows his way around the

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streets and the courtroom. Dr. Robert J. Girod combines decades of teaching and practical
experience with legal and academic education to compile this practical source of case law i
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and risk management principles. The book is designed to help law enforcement professionals k
reduce police liability and avoid the risk of litigation—or, in the event a lawsuit does arise—to
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manage liability and defend themselves.
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In our litigious society, suits involving the law enforcement community are becoming a more
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common occurrence and can destroy an officer’s career or cast a pall on an entire department.
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By understanding the laws governing these types of issues, law enforcement professionals are g
better able to monitor the sources of liability and implement risk management strategies to e
shield their policies, practices, procedures, and protocols from the danger of liability. m
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Dr. Robert J. Girod, JD, PhD
K20596
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K20596_cover.indd 1 8/14/13 9:04 AM
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Police Liability
and
Risk Management
Torts, Civil Rights,
and Employment Law

Police Liability
and
Risk Management
Torts, Civil Rights,
and Employment Law
Robert J. Girod, JD, PhD
Boca Raton London New York
CRC Press is an imprint of the
Taylor & Francis Group, an informa business
CRC Press
Taylor & Francis Group
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Boca Raton, FL 33487-2742
© 2014 by Taylor & Francis Group, LLC
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Version Date: 20130405
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I want to thank and dedicate this book to my friends and family,
my professors at the many institutions that I have attended, and the
brothers and sisters in law enforcement with whom I have shared a
career and profession, from coast to coast, for more than 33 years.
I particularly want to thank Gordon Graham for igniting the
concept of this book in my mind and for his decades of service to law
enforcement, the legal profession, and the study of risk management
in law enforcement. Graham served the California Highway Patrol
as a captain and an attorney, the citizens of the State of California,
and his brothers and sisters in law enforcement across our great
country for a lifetime. He continues to serve them all today.
Most of all, I want to thank my family for staying with me steadfastly
each day of law school and each day of my law enforcement career.
To my wife, Laurie, who helped take up the slack when law school
took up every moment of every day. She has been an indispensable
helpmate, my constant companion, and a wonderful wife.
To my son, Bobby, who patiently traveled and hung
around the law school for more than 4 years of his young
life. He was a great help and support and will be a great
member of our society in whatever course he chooses.
To my son Joshua, who entered the field of safety and
security at a young age and continues our family tradition
of military service to our country in the U.S. Navy.
And, of course, to my mother, Carolyn, because she
is “mom,” and to the rest of our family.
My family has been steadfast and supportive through the
dangers and perils of law enforcement and the trials and
tribulations of attending and teaching at many universities.
“Thank you” does not seem to say enough. I love you all.
The grace of our Lord Jesus Christ be with you all. Amen.
Revelations 22: 21

Contents
Preface xvii
About the Author xxi
Listing of Cases xxiii
Section I
RISK MANAGEMENT
1 Fundamentals of Risk Management 3
Introduction to Torts 3
Fundamentals of Risk Management 3
Procedures for Initiating a Civil Action 5
Frivolous Lawsuits 5
Types of Civil Actions 6
Classification by Nature of the Relationship Between the
Parties: Tort and Contract 6
Classification by Nature of the Defendant’s Wrongdoing:
Intentional Torts, Negligence, and Strict Liability 6
Classification by Type of Injury: Personal Injury,
Property Damage, etc. 7
Standardization and Best Practices 7
Sample Risk Management Plan 9
Risk Management Strategy: (Minnesota Example) 10
Section II
TORTS
2 Intentional Torts 19
Intentional Torts 19
Prima Facie Case 20
Act 20
Intent of Consequences 20
vii
viii Contents
Causation 20
Damage 21
Torts Against Persons 21
Assault 21
Battery 21
False Imprisonment (and False Arrest) 22
Intentional Infliction of Emotional Distress 25
Torts Against Property 27
Seizure of and Interference With Property 27
Trespass to Land 27
Trespass to Chattel 28
Conversion 29
Defenses and Privileges 29
Consent 29
Self-Defense 30
Defense of Others 30
Defense and Recovery of Property 30
Necessity 31
Authority of Law 31
Discipline 31
Justification 32
3 Negligence 33
Definition and Elements of Prima Facie Case of Negligence 33
Duty (Legal Duty) 34
Breach of Duty 34
Causation 35
Damage or Injury 35
Negligence Formula 35
Standard of Care 36
The Reasonable and Prudent Person 36
The Professional 37
Aggravated Negligence 38
Rules of Law 38
Violation of Statute: Applicability and Effect of Statute 38
Proof of Negligence 39
Reasonable Care, Constructive Notice, and Circumstantial
Evidence 39
Res Ipsa Loquitur 40