Police Liability and Tort Law

Police Liability

• Compensatory and punitive damages are two types of damages that can be awarded in civil lawsuits against police officers.

Types of Damages

• Compensatory damages are intended to compensate the plaintiff for their losses.
• Punitive damages are intended to punish the defendant for their actions.
• Insurance companies cannot pay punitive damages.

Tort Law

• Intentional torts and negligent torts are two types of torts that can be committed by police officers.
• Intentional torts involve intentional misconduct, while negligent torts involve a failure to exercise reasonable care.

Defenses Against Tort Law

• Defenses against intentional torts and negligent torts include arguing that the officer's conduct was justified under the Criminal Code.

Criminal Code and Civil Liability

• Justifications provided by the Criminal Code apply only to criminal liability, not to civil liability.
• If a person's conduct is justified under the Criminal Code, they will have a defense to a criminal charge, but this does not necessarily mean they will be immune from civil liability.

High-Risk Liability Situations for Police Officers

• Six high-risk situations for police officers include:
  • Excessive use of force
  • False arrest
  • False imprisonment
  • Negligent use of a firearm
  • Negligent use of a motor vehicle
  • Roadblocks

Defending Against Civil Suits

• Ways to defend against civil suits include:
  • Arguing that the officer's conduct was justified under the Criminal Code
  • Identifying ways the officer could have best defended themselves against a civil suit or criminal action.