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LEGAL ISSUES CIVIL LIABILITY NEGLIGENCE. Two Concerns Direct Liability Indirect Liability (Vicarious Liability)

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Presentation on theme: "LEGAL ISSUES CIVIL LIABILITY NEGLIGENCE. Two Concerns Direct Liability Indirect Liability (Vicarious Liability)"— Presentation transcript:


2 Two Concerns Direct Liability Indirect Liability (Vicarious Liability)

3 NEGLIGENCE Direct Liability Order the arrest of a person I/C orders Chemical Agents used Permit the misuse of Chemical Agents Concealment or cover-up

4 I NDIRECT L IABILITY Seven Areas of Concern

5 NEGLIGENCE Negligent Training Webster v. Heckler & Koch, Inc., 50 Va. Cir. 103 (1999)(during training at a private facility, a ceiling collapsed after repeatedly using flashbangs. A motion for judgment notwithstanding the verdict was denied after a jury awarded damages to plaintiff officers because a duty of care existed and the jury could hear the negligence claim). Failure to Train Zuchel v. City of Denver, 997 F.2d 730 (10 th Cir. 1993)(affirming a jury verdict against the Denver PD for inadequate deadly force training. The DA wrote a letter to the Chief suggesting better training, which was attached as an appendix to the opinion. The issue was not on the amount of training, but on the type of training. Specifically, the plaintiff alleged the lack of meaningful "shoot - don't shoot" training constituted a deliberate indifference to a known risk).

6 NEGLIGENCE Negligent Supervision Negligent supervision occurs when an employer does not provide sufficient enough supervision to ensure that employees comply with agency rules and regulation. – A deputy throws a stun grenade in a reckless manner (contrary to training and/or policy and injures a suspect. Negligent Retention An employer may be liable for its "negligence in retaining a dangerous employee who the employer knew or should have known was dangerous and likely to harm" third parties. – The chiefs son is kety on the team when he can’t pass any tests.

7 NEGLIGENCE Negligent Entrustment Allowing an incompetent or inexperienced person to operate equipment. - A new deputy says he has 'lots' of experience operating a gas launcher so the supervisor lets him the launcher. He then has an AD and injures another deputy. Coworker ends up with a wound. Supervisor and Agency is held liable for the injury. Negligent Assignment Supervisor knows, or should have known, that a deputy is unfit for an assignment - Deputy has been caught 'cutting corners' while operating a Bear Cat. She also tends to rush through assignments. The supervisor has told her to be more careful but there has been no official counseling or documenting of an action plan.

8 NEGLIGENCE How do we protect ourselves? Have a written policy Keep current in the field Become an expert

9 NEGLIGENCE How do we become experts?

10 NEGLIGENCE Journals, periodicals Books Work with chemical agents Expose yourself Expose others and study reactions Join Trade Groups Training Familiarize yourself with all products Moral Code Debrief Testify RECORD ALL EXPERIENCES

11 NEGLIGENCE TitleHoursDateInstructor Basic SWAT Tactics106 hrs1975San Diego Sheriff = s Department Explosive Ordinance Disposal30 hrs1975Dept. Of the Army Chemical Agent Instructor's School24 hrs1978FBI - Eugene Jones Management of Basic SWAT Training84 hrs1980San Diego Sheriff = s Department Chemical Agent Seminar24 hrs1981Federal Lab in Pennsylvania Urban Terrorist Activity36 hrs1981Ca Dept. Of Justice Executive Protection36 hrs1983Ca. Dept of Justice SWAT Advanced24 hrs1983Rio Hondo College Terrorism24 hrs1983National University Emergency First Responders40 hrs1986Chapman College Command Tactics24 hrs1987National Tactical Officers Assn... Crisis Management Seminar8 hrs1987U.S. Dept. of Transportation 1987 Factory Seminar8 hrs1988Accuracy Systems Factory Seminar8 hrs1990AAI Corp. Advanced Explosives Investigations 16hrs1991AT&F Factory Seminar8 hrs1991Aerko Products OC Instructor School - Def Tec8 hrs1992Richard McQuire, Factory Rep. Chemical Agent Instructor Update8 hrs1993Federal Laboratories Mutual Aid Response8 hrs1993CA Office of Emergency Services Aerosol Instructor8 hrs1994Body Guard-Mark I, Las Vegas PepperBall Systems Instructor4 hrs1999Jaycor Tactical Systems

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