Governmental Liability and Police Duties

Governmental Liability and Police Duties

• The Public Duty Doctrine indicates police do not have a duty to protect the public unless a "special relationship" exists.
• The Special Relationship Doctrine allows state liability for a third party's victimization if the state has custody of the individual, particularly if custody is against their will.
• Police typically have qualified immunity in abandonment cases, allowing them to prevail legally when abandoning vehicle occupants.
• In White v. Rockford, police were held liable for arresting a caretaker and leaving children unattended on the roadside.
• Police can be held liable for failing to protect victims of third-party violence after providing assurances of protection, especially when plaintiffs rely on these assurances.

Trends and Effects of Civil Liability

• Civil suits against police have increased significantly since the 1960s, along with the number of successful litigations.
• Many judgments against police have occurred despite their good records, raising concerns about police morale and public relations.
• Concerns include erosion of public trust, alienation from the community, and barriers to understanding complex policing issues.

Legal Aspects of Negligence

• The timeframe for a civil liability case against police can extend from three to ten years from the incident to the final decision.
• A Direct Verdict is granted only when there is a total absence of evidence supporting the jury’s verdict.
• Only 0.1% of police encounters with suspects may lead to civil litigation.
• Four elements must be established to prove negligence: legal duty, breach of duty, proximate cause, and actual damage or injury.

Common Forms of Intentional Torts

• Common intentional torts against police include wrongful death, assault and battery, false arrest, invasion of privacy, and intentional infliction of emotional distress.
• Claims of false arrest require that police detained individuals willfully, without authority, against their will, and were aware of the confinement.
• Invasion of privacy demands proof of intrusion, offensiveness, and a legitimate expectation of privacy.

Liability and Officer Conduct

• An estimated 15-25% of police officers may be sued, but frivolous lawsuits are those lacking a legal basis.
• Officers fearing personal liability may become overly cautious, impacting their decision-making in arrests and searches.
• Only 4-8% of lawsuits against police are lost, with around 25% settled outside court.
• A ruling by Justice Marksman acknowledges that fleeing parties during police pursuits could lead to government liability.

Police Duties and Special Care

• Legal obligations of police include duties to warn and protect, render assistance, investigate traffic accidents, and secure accident scenes.
• Courts recognize that law enforcement has a duty of care to individuals in their custody, extending beyond those incarcerated to include individuals physically in their custody.
• General duty of care seldom results in liability for self-inflicted injuries or suicides, as these are usually considered intentional acts.
• Foreseeability of suicide is defined by the reasonable anticipation that harm may occur due to acts or omissions, influenced by various factors.

Breach of Duty and Supervision

• To establish negligence, plaintiffs must show a breach of the special duty owed by police, evaluated on a case-by-case basis.
• Expectations regarding police supervision vary; some rulings suggest reasonable care does not equate to constant supervision, while others mandate it for individuals at risk.
• Contributory negligence rulings have indicated that officers have a duty to prevent suicides, particularly for individuals with mental illnesses.
• As legal principles become better defined, qualified immunity for officers in misconduct cases is less likely to be granted.

Role of Courts in Civil Liability

• Courts are not the innovators in police or civil liability reform; rather, they react to existing changes in law and policy.