Preface | p. vii |
Acknowledgments | p. ix |
The Scope and Impact of Police Civil Liability | p. 1 |
The Incidence of Civil Suit | p. 3 |
Police Fear of Litigation | p. 5 |
The Cost of Civil Liability | p. 8 |
The Benefit of Civil Liability | p. 11 |
The Process of Civil Litigation | p. 12 |
Summary | p. 14 |
The Fundamentals of State Tort Law | p. 17 |
Police Liability and State Tort Law | p. 17 |
Historical Barriers and Defenses to Police Liability | p. 28 |
Summary | p. 33 |
The Fundamentals of Federal Liability Law | p. 35 |
The Civil Rights Act of 1871 | p. 35 |
Municipal Liability under Section 1983 | p. 45 |
Administrative Negligence and Deliberate Indifference | p. 52 |
Municipal Liability for Failure to Train | p. 54 |
Defenses to Section 1983 Lawsuits | p. 60 |
Summary | p. 64 |
Civil Liability for Police Use of Excessive Force | p. 65 |
Excessive, Deadly, and Nondeadly Force | p. 66 |
State and Federal Claims | p. 67 |
Federal Standards Governing the Use of Deadly Force | p. 71 |
Standards Governing the Use of Nondeadly Force | p. 76 |
Liability for Indirect Excessive Force | p. 78 |
Summary | p. 80 |
Police Civil Liability for High-Risk Drug Enforcement Operatons | p. 81 |
Search and Seizure Law in Drug Operations | p. 82 |
Drug Detection and Probable Cause | p. 98 |
Summary | p. 105 |
Police Liability for Abandoning Citizens in Dangerous Places and Situations | p. 107 |
Governmental Liability for Third-Party Criminal Victimization | p. 108 |
Abandoning Vehicle Occupants and Qualified Immunity | p. 110 |
Abandoning Children and Severity of Injury | p. 113 |
Abandoning Assault Victims and Knowledge of Impending Victimization | p. 115 |
Case Analysis | p. 117 |
Summary | p. 119 |
Legal Issues in Police Negligent Operation of Vehicles in Emergency Situations | p. 121 |
Statutory Immunities | p. 122 |
Negligence Principles and Police Pursuit | p. 125 |
Defenses to Negligent Operation | p. 134 |
Summary | p. 135 |
Police Civil Liability for Failure to Arrest Intoxicated Drivers | p. 137 |
Traditional Barriers to Liability | p. 138 |
The Public Duty Doctrine | p. 144 |
Special Relationship | p. 148 |
Summary | p. 153 |
The Liability of Traffic Officers: Negligence at Accident Scenes | p. 155 |
The Duty to Warn and Protect | p. 155 |
The Duty to Render Assistance | p. 160 |
The Duty to Investigate Accidents | p. 163 |
The Duty to Secure Accident Scenes | p. 166 |
Summary | p. 168 |
Police Liability for Failure to Prevent Detainee Suicide | p. 171 |
The Framework of Negligence Litigation | p. 172 |
The Special Duty of Care | p. 173 |
Police Conduct and Breach of Duty | p. 178 |
Defenses to Detainee Suicide | p. 186 |
Summary | p. 187 |
Shifting Conceptions of Police Civil Liability and Law Enforcement | p. 189 |
Legal Assumptions and Police Civil Liability | p. 190 |
Implications for the Future Police Executive | p. 199 |
References | p. 203 |
Cases | p. 207 |
Index | p. 215 |
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